On The Reform Of China's Participation In Distribution System In Civil Execution

The difficulty and mess in execution is always what the theoretical circle and theexecutive organ of court want to resolve. Adjusting of the system is what should bethought. Participation in distribution system has many disadvantages and it can notmake up the legislative loophole of the limited subject of bankruptcy in China andshould be reformed. Participation in distribution system of China carries on the doc-trine of equality in distribution of execution and demonstrates the fair value of law. Ad-justing the participation in distribution system has to relate with the argument of distri-bution doctrines in execution, the evalution and selection of them, the coordination be-tween the law of coercive execution and bankruptcy system. Through the general re-search of participation in distribution system, the analysis of disadvatages, the discus-sion of China's distributive doctrine of execution, the evaluation of the doctrine of e-quality and the doctrine of preference, some views are put forward in the treatise,which is aimed at consumating the legislation in bankrupt law and re-constructing theparticipation in distribution system of China with the doctrine of preference. The trea-tise contains six parts.Part One. An Introduction. A brief survey is made on the legislative backgroundof China's participation in distribution system and several problems are raised for thefurther discussion in the treatise.Part Two. The General Research of Participation in Distribution System. An out-line investigation is made on the purpose, the applicable conditions and characters, theprocedures of China's participation in distribution system. That gives the basis for theanalysis of its disadvantages and the evaluation of the distributive doctrines in execu-Part Three. The Negative Reflection of China's Participation in Distribution Sys-tem. From the aspects of the prerequisites, the permissible competence of subjects,what the subject required to produce, the confined time of applying for participation,the object of distribution, the maintenance of the debtor's properties and the rescuingof the debtor, the treatise gives a negative reflection of China's participation in distri-bution system, points out it f s structive disadvatages, thinks thaf it is not a rationalsystem and can not make up the loopho1e of the limited bankruptcy subjects.Part Four. The Argument and evaluation of the distributive doctrines of execu-tion. First, the treatise gives a brief survey of the legislative modes of distribution in;execution. Second, the treatise probes China's distribution doctrine in execution andpoints out it is not a pure doctrine of equality, but a mixed doctrine. Then treatisegives the argument between the doctrine of equality and the doctrine preference, thinksthat the former demonstrates the lega1 value of fairness, the later, the efficiency. Re-placing the doctrine of equality with the doctrine of preference can not be a good way toredress the disadvantages of China's participation in distribution system.Part Five. The Reflection on the Reform of Participation in Distribation System.The article has the view that the good way to redress the China's participation in dis-tribution system is to widen the scope of in sovent, give the natural person and the or-ganization which is not coproration the competence to bankrupt. Given the participa-tion in distribution system has long been accepted by the legal research circle and judi-Cuture, we can keep the term of "Participation in distribution system" and construct itwith a new doctrine.In the end, this treatise gives a brief analysis of the cordination between thebankruptcy system and the system of distribution in execution.