论执行财产豁免制度-诉讼法学专业论文.docxVIP

II II Abstract The implementation of the property exemption system has a very important position in the civil enforcement system ,but at present the degree of attention on it by the theory and the practice area still far from enough, this is not only very few reflected in the present academic articles which take the implementation of property exemption system as the theme, the legislative’s superficial requirements to it and in the practice the free operation of the executive violated the exemption interests of the person subject to enforcement also confirms the above conclusion. The moment to solve the difficulty in enforcement has become a mainstream topic in the area of implementation, the concern of the people stay in the how to maximize claims for too long, thus ignoring the fundamental rights guarantee of the person subject to enforcement and the significance of the protection of human rights behind it. The implementation of the property exemption system, not only in order to constantly improve the ambitious goal of Chinas civil enforcement regime, but also hope guide the legislation and judicial practice in this form, and gradually change our old implementation concept, in the realization of the protection of creditors claims and at the same time put greater emphasis on the protection of human rights of the debtor in a disadvantage status during the implementation, to seeking a balance point between the two main different needs, so as to contribute to the specification of the execution environment in our country. The legislation has been admitted the implementation of the property exemption system, combined with the legal basis and needs of the practical environment to support it, making the construction and improvement of the implementation of the property exemption system become feasible. Meanwhile, in order to improve the debtor fundamental rights protection system and the civilian implementation of the exemption system, and to limit abuse of the right of