On The Distribution Participation In Civil Enforcement Procedure In China

The purpose of enforcement in People's Court is to fulfill the substantial interests of prevailing party, realize effective legal instruments, distribute social resources justly, eliminate social contradictions and preserve social orders. Currently, the puzzle of enforcement has gradually turned into a hot topic arousing wide social concern and a syndrome bewildering lawsuit participants, the People's Court even whole Chinese society. Justice delayed is justice denied, the puzzle of enforcement is essentially resulted by inefficiency of enforcement nowadays in China, legislative unsoundness is the leading cause. Specifically, in terms of participatory allocation system of civil enforcement in our country, rare provisions are found in existing laws, though it's a vital institution in allocating identical object of liability among multiple creditors. More seriously, the operability of such provisions is humble, faraway from real demand. Thus, the author concludes that the participatory allocation system in China is born with defects and has to be improved under following guidelines:orientating its values and functions precisely, eyeing on whole legislative structure of China, summing up profitable experiences from our own judicial practices, and assimilating salutary paradigms from abroad.The dissertation is composed of three parts with foreword, text and epilogue, 25,000 odd words totally, in which the text expounds the participatory allocation system from three aspects. Firstly, the author gives a brief account of allocation system from five angles, including definitions, characters, procedures, principles of property allocation & bankruptcy provisions, as well as concurrences of enforcement, in order to make an overall and detailed demonstration to this system. Secondly, the dissertation mainly analyses the disputes existed in participatory allocation, on the basis of expounding to three key subjects like whether the pleaded creditor can be regarded as an applicant for participatory allocation, how to allot among general creditors and how to treat the right of priority, the author then concludes that present legislations on participatory allocation are of certain defects and have to be revised. Thirdly, the author brings forward its conception on the amendment of participatory allocation, focusing on seven angles like, the subjective criteria of payoff incapacity, the qualification of creditors, the cut-off date on participatory allocation, the establishment of allocation principles with limited priority, the setup of remedial measures, the reconciliation terms of participatory allocation and the stricter measures on investigation & punishment to false lawsuit, tallying with the target in realizing of fairness and efficiency.