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我国民事执行阶段调查权制度由法院依职权调查和被执行人报告的财产调查制度组成。赋予申请人调查权制度虽有上海、北京等地区法院率先实践,但仍未在法律层阶予以确认。由于法院依职权行使调查权和被执行人申报财产制度的被动性,我国执行难问题凸显。赋予申请人调查权可以合理有效的推动执行资源的合理配置,并以调查令制度为载体能够弥补执行中的短板。
The system of investigating the civil execution in our country consists of the court investigation on the basis of authority and the property investigation system reported by the executor. Although the system of investigating rights given to the applicants has taken the lead in Shanghai, Beijing and other district courts, it has not yet been confirmed by the legal hierarchy. Due to the court exercising the right of investigation and the passiveness of the enforcee to declare the property system, the difficult enforcement of our country is highlighted. Assigning the right of investigation to applicants can reasonably and effectively promote the rational allocation of resources for execution and make up for the shortcomings in implementation by using the investigation order system as a carrier.