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On the civil liability of property to identify the debtor Perfection

Author: ZhangWenRu
Tutor: DuanHouSheng
School: Fudan University
Course: Legal
Keywords: Civil Enforcement Enforcee Property identified
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 59
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Abstract

China's current practice, civil debtor property is difficult to find, the actuator is caused by the limited means of investigation Enforce the Law \For this reason, in recent years, both theoretical and practical circles responsible property to identify the executed research institution devoted a lot of energy. Looking at the international, most foreign countries and regions, such as USA, Germany, France, Japan, etc., based on private interests and public interests measure establishes the debtor's property to identify the system can be roughly divided into the application executor provide type is executor property declaration type actuators driven lookup type and the prosecution intelligence gathering type, etc., and formed a relatively complete legal system. These modes alone when applicable, each has irreplaceable advantages, there are also inevitable shortcomings, it is necessary to learn from each other. In China, the Civil Procedure Law and judicial interpretations are the property identified in civil debtor made a series of provisions, which along with social and economic development, and people's understanding of the progress of the implementation of the work constantly complements, debtor property investigation ming from single to multiple ways to \Results rates play an important role in promoting. But at the same time, there is an unavoidable problem has become increasingly prominent, that our legislation on the civil liability of property the debtor to identify system requirements, most of the more principled, legislation designed to obvious deficiencies still exist, are also applicable in the specific reason lack of maneuverability and appears difficult. Some scholars and judges will apply executor property provided clues as their share of the burden of proof, and it made a mandatory requirement; debtor reporting system is still in its infancy, reporting procedures and legal consequences is also no uniform regulations; execution sector survey often due to social credit system and assist in the execution of highly imperfect mismatch hampered. In order to effectively identify the debtor responsible property, to achieve the purposes of enforcement, the paper address the problem, try to identify the property from being executed typed proceed, running on the People's Court to inspect the status of property survey, based on the empirical perspective of quantitative analysis to identify the property of the debtor liability regime for deep reflection, rational allocation made to identify those responsible, to expand investigative powers actuator improve the social credit system, in order to apply for enforcement and to provide procedural safeguards for the debtor and other recommendations . In this paper, literature research, comparative law research, analysis and other methods to carry out empirical discourse analysis to identify trends in the property, in order to identify the property of the debtor liability regime provides empirical and theoretical studies to build the foundation of the system and to improve the provision of personal Theoretical analysis and procedures designed to identify property on our debtor responsibility to rebuild the system to provide opinions about the reforms. This paper is divided into four chapters, the first chapter introduces the civil responsibility of the debtor's property to identify the basic types and their legislative system model; second chapter in the first chapter, based on the analysis of the identification of the debtor responsible property the interests of the legislative system design and measurement; Chapter III clarifies responsibilities of debtor property identification system defects, improve the system discussed the necessity and possibility; fourth chapter on how to reasonably determine the applicant in civil implementation of the right to property survey, a clear obligation of the debtor's assets declaration and enhanced enforcement of court duty investigation recommendations, discusses the specific procedures envisaged. Zhu Wen approximately 33,000 words

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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