On The Participation Distribution In The Civil Executive Program

The value of the civil executive program lies in its efficiency. Participation distribution in the civil executive program carry out to applicable to distribution principle of property to involving important while solving concrete creditor's rights to fulfill, participate in such a series of questions as the relief that assigns,etc.. Studying the problems mentioned above,the author want to make some advices for reforming and perfecting China's current participation distribution system.The limited bankrupt doctrines implemented at present in China have determined that the current participation distribution system is to help every creditor realize the equality of every creditor when the citizen or other organizations can not pay their debts with all his assets.This way,to some extent,can reflect the fair principle.In my opinion,the Supreme People's Court's regulation operate with the mixing distribution principle,which takes principle of priority as core, equal distribution principle as subsidiary , limiting bankruptcy as a related one,but not operate with equal distribution principle or the mixing distribution principle,which takes equal distribution principle as the core, takes principle of priority as subsidiary.But the indispensable equal distribution principle has meant that we apply to the distribution principle of the procedure of bankruptcy in the executive programming.This situation cause the repeat of function in two systems.In this situation,some creditors cannot participate in assigning and the interests of creditor will damaged. The mode of current equal distribution principle surplus limited bankrupt doctrine can't reflect the value , value of efficiency and valuable goal of fairness.This mode isn't competent in the loophole of remedying the limited bankrupt doctrine principle,and expose the defect on system design. So from executive proceedings and bankruptcy procedure these two kinds of functional demand, and the whole harmony of the legal system, force executive program should abandon equal distribution principle and limited bankrupt mode, but proceed with adjustment and reform of the system, set up a coordination mechanism of participation distribution system,which taking priority to assign as principle,and the general bankrupt system. Each of the two systems performs its own functions, complements each other , and carry out the discharge function together in the whole legal system. In addition, there are few existing clauses in legislation of participation distribution system, such as objection that put forward for the interests of the interested party are damaged can only review through judge or procedure for supervision upon adjudication, and has not stipulated the corresponding objection procedure and procedure of telling of the objection.some regulations seems rough generally, and the effectiveness is bad,such as the standard whether the executee's asserts are enough to discharge is uncertain. Some clauses is lack of science and reasonable.The problems mentioned above reflect that the current participation distribution system cannot meet the demands of practice, and the reform of participation distribution system is extremely urgent . Through the introduction of the countries and territories all over the world in practice,the author have analysed the basic theories in the participation distribution system, the existing problems in our country's practice , the defect of the relief system, the distribution principle of our country, the equal distribution principle , the priority distribution principle and current compulsory execution distribution principle in China. From these comparison,this article have explained the necessity and feasibility of establishing preferential distribution principle and general bankrupt doctrine in China.And seven advices was suggested to establish priority distribution principle and general bankrupt doctrine mode, structure participation distribution system of relieving of distinct Chinese characteristics , reform and perfect participationdistribution system. The author propose the legislators start from designing the participation distribution system, but not through the Supreme People's Court's explanation, and then realize the coordination and cooperation with the bankruptcy law. Only in this way, we could solve the problems in current participate distribution system and once and for all and make the fairness and efficiency of the participation distribution system reality. The article divides into seven parts, about 40,000 words.