论文部分内容阅读
我国民事“执行难”问题仍未得到解决,“执行难”的核心是“执行财产调查难。”主要表现为:1.法院难以要求被执行人如实申报财产,这源于法院的罚款和拘留措施并不能对被执行人构成较大法律威慑力;2.法院难以全面依职权调查执行财产,体现为法院依职权调查执行财产的封闭性,包括种类上的封闭性(法院仅依职权调查特定种类的执行财产)和地域分布上的封闭性(法院仅依职权调查分布在海南省内的执行财产);3.申请执行人难以参与对执行财产的调查,直接原因包括立法的空白,调查令政策的未有效推行及申请执行人调查专业技能的匮乏、调查高耗时高成本的阻碍等。
The key to “carrying out property investigation is difficult.” The main manifestations are as follows: 1. It is difficult for the court to require the executed person to declare the property truthfully, and this source The court’s fines and detention measures do not constitute a significant legal deterrent to the person being executed. 2. It is difficult for the court to investigate the execution of property on a full and ex officio basis, reflecting the court’s enforcement of the enclosed property of the property, including the type of closure The court investigates certain types of executive property on its own terms and powers only) and the geographically closed (the court investigates the execution property distributed in Hainan province on its sole terms of reference); 3. It is difficult for applicants to participate in the investigation of the execution of property, Gaps in legislation, the failure of policies to effectively implement the investigation and the lack of expertise in the application for investigation by investigators, and the investigation of the impediments to high costs and high costs.