Article 31 of the judicial interpretation stipulates: "If the people's court orders the person subjected to execution to report the property in accordance with Article 217 of the Civil Procedure Law, it shall issue a ruling on the property report. The order for declaring property shall specify the scope of declaring property, the time limit for declaring property and the legal consequences of refusing to report or making a false report. " The range of property that the person subjected to execution should report is very wide. Article 32 of the Interpretation of Execution makes specific and clear provisions: "The person subjected to execution shall report the following property in writing in accordance with the provisions of Article 217 of the Civil Procedure Law:
(a) Income, bank deposits, cash and securities;
(2) Real estate such as land use rights and houses;
Means of transport, machinery and equipment, products, raw materials and other movable property;
(4) Creditor's rights, stock rights, investment rights, funds, intellectual property rights and other property rights;
(5) Other properties that should be reported.
If the property of the person subjected to execution has changed since one year before the date of receiving the notice of execution, it shall report the change. If the person subjected to execution has fulfilled all the debts during the reporting period, the people's court shall make a ruling to terminate the reporting procedure.
The property to be declared in this article includes not only cash, movable property and immovable property, but also property rights such as creditor's rights, equity rights, investment rights, funds and intellectual property rights. It includes not only the current property status, but also the property changes that occurred one year before the date when the person subjected to execution received the notice of execution. Article 33 of the Interpretation stipulates the time limit for supplementary reports: "If the property of the person subjected to execution changes after the declaration of the property, which affects the realization of the bonds applied by the person subjected to execution, a supplementary report shall be submitted to the people's court within 10 days from the date of the property change." Article 34 provides for a system of investigation and confidentiality. Article 35 stipulates the system that the enforcement court can investigate and verify according to the application or ex officio. In real life, the person subjected to execution has some property, that is, deliberately delaying execution. In the execution procedure of our country, not only the property reporting system is clearly defined for the first time, but also specific provisions are further made. As the legal obligation of the executed person, the property report saves a lot of manpower and material resources for the court to investigate the property status of the executed person, and can ensure the smooth implementation of the work.
According to the provisions of Articles 222 and 223 of the Civil Procedure Law of People's Republic of China (PRC). Expenses necessary for the life, work and study of the person subjected to execution and his dependents; The most basic means of production of natural persons; The right of claim for payment based on the relationship of support, support and dependence; Payment request based on pension, pension, pension, resettlement fee, life insurance and personal injury compensation; The legal deposit reserve, business premises and cash-carrying vehicles in use deposited by financial institutions in the People's Bank of China; Houses, instruments, equipment and other items being used by medical institutions, schools, kindergartens and other public welfare legal persons to complete public welfare undertakings; The financial funds of state organs and the property necessary for performing their duties cannot be enforced by the court. At the same time, according to Article 5 of the Provisions of the Supreme People's Court on the Attachment, Seizure and Freezing of Property in Civil Execution by People's Courts, the people's courts may not attach, detain or freeze the following property of the person subjected to execution:
(1) Clothes, furniture, cookers, tableware and other articles necessary for family life of the person subjected to execution and his dependents;
(two) the necessary living expenses of the person subjected to execution and his dependents. Where there is a local minimum living standard, the necessary living expenses shall be determined according to this standard;
(3) Articles necessary for the person subjected to execution and his dependents to complete compulsory education;
(4) Unpublished inventions or works;
(5) Auxiliary tools and medical supplies necessary for the physical defects of the person subjected to execution and his dependents;
(six) medals and other honorary items obtained by the person subjected to execution;
(7) Property exempted from seizure, seizure and freezing in treaties, agreements and other documents concluded with foreign countries and international organizations in the name of the governments of People's Republic of China (PRC) and People's Republic of China (PRC) or their government departments according to the provisions of the Procedure Law on Concluding Treaties in People's Republic of China (PRC);
(eight) other property that may not be sealed up, detained or frozen according to laws or judicial interpretations.
Article 6 The people's court may seal up the houses necessary for the life of the person subjected to execution and his dependents, but may not auction, sell off or pay off debts.