On The System Of Distribution In Execution

Overlapping is a universal phenomenon in practice of civil execution,and when the subject-matter of execution is credito, the overlapping is more important and complex. When overlapping happens between credito, how to pay off the debts and the theoretical basis of it are the key what the executive theory, legislation and jurisdiction have to face and resolve for every country. The different answers formed different principle and concrete system of Distribution in Execution. Using methods of historical ,comparative and analytical jurisprudence, the treatise inquires into the basic problem, including the concept, constitutive elements, source, function ,distributive doctrine and legislative mode, as well as the current legislation and practice. Based on these , the author put forward the conceive for constructing China's System of Distribution in Execution. The treatise contains three parts. The first part: the General Research of System of Distribution in Execution. It contains 3 sections. Based on the analysis on overlapping, Section 1 analyze the concept and the constitutive elements of the System of Distribution in Execution, in order to make it more concrete and clear. Based on the research on the historical origin and evolution, Section 2 concludes that the Distribution in Execution trends towards the creditors' preferentially paid from fairly safeguarded. In order to provide the comparative reference, Section 3 states the legislative mode of the distributive doctrine , including the doctrine of preference, equality and compromise. The second part: the Current Legislation of China's Distribution in Execution and Inspection. It contains two sections. Section 1 gives a survey and analysis on China's distributive doctrine in execution. Section 2 inspects the disadvantages of the system from seven aspects, and explains the reasons for the disadvantages. The third part: the Completing and the Corresponding Reform of the System of Distribution in Execution. It contains two sections. Section 1 states the factors to be considered in constructing the distribution system, including the value and function of the execution system, the difference and joints between execution and bankruptcy system , the conflict and harmony between the System of Distribution in Execution and the principle of the substantive law. Based on these , the author concludes that the doctrine of preference should be the direction of the reform of the system of distribution, and constructs the basic content of the system concisely. Section 2 discusses the main corresponding reform. In the conclusion, the author restates the view of the treatise, and calls on constructing the legislative mode of the doctrine of preference of execution with general theory of bankruptcy , in order to direct the practice with more advanced and scientific legislation.