调查被执行人的财产状况一直是我国民事判决执行中的难题。法院财产调查权的行使效果决定着民事判决执行的质量。长期以来,法院由于一些特殊原因主动弱化自身的财产调查权,甚至体现为一种消极与不作为,却要求债权人自行调查债务人的财产状况,致使债权人举证责任被被动强化,为一股强大的民间暴力的兴起与蔓延预留了相当的空间,给社会造成了一定的危害。事实上,强制执行权的行使主体只能是国家,债权人享有的只能是强制执行请求权。执行权不是一项司法权,而是一项行政权。对财产状况的调查应当是执行官的专有权,债权人不应承担任何举证责任。因此,为我国目前民事强制执行中的财产调查权纠偏定位,迫在眉睫。 Investigating the property status of the executors has always been a difficult issue in the execution of civil judgments in our country. The effectiveness of investigating the power of court property determines the quality of execution of civil judgments. For a long time, the court, because of some special reasons, took the initiative to weaken its own right to property investigation, and even manifested itself as a kind of negativity and omission. However, it required creditors to investigate the debtor’s property status voluntarily, resulting in the passive reinforcement of creditor’s burden of proof as a powerful private The rise and spread of violence set aside considerable space and caused some harm to the community. In fact, the main body of enforcement of the enforcement power can only be the state, and creditors can only enjoy the right to enforce the claim. Executive power is not a judicial power, but an executive power. The investigation of the status of the property should be the exclusive right of the executive and the creditor should not bear any burden of proof. Therefore, it is imminent to rectify and correct the right of investigation of property in civil enforcement in our country at present.