A Study On The Perfection Of The Civil Execution Participation In The Distribution System

The court work criticized the most in society is "the difficulty and confusion in the civil execution". One of the four difficulties of execution is that the property to be enforced is difficult to move. Arbitrary enforcement is that our country's laws and regulations to the regulation of the civil execution is over general ,often making the executive personnels unsystematic, resulting in arbitrary enforcement. As a specific system of the civil execution, participation in the distribution system plays an important role in the settlement of the creditors's claim more cash, reflects the efficiency of the civil execution procedure .Many countries in the world stipulates the participation of the distribution system, but the current civil law on the distribution system in our country lack of express provision, just give a simple requirement in some relevant contents of two judicial interpretations of the Supreme People's Court . By studying the concept, features, functions and the principle of China's civil execution participation in the distribution system and the conditions of the start of China's participation in the distribution process ,many problems were found in the distribution system,including the problems of the main body participating in the distribution is uncertainty, the standard of the debtor can't pay for all the debt can not be identified, and repeated sequestrate , the scope and sequence of priority compensation is disorderly, the informed obligation of court in the civil execution participation in the distribution system and the court issues how to determine the assessment and so on.China's present participation in the distribution system can't meet the practical needs, it is necessary to reform China's participation in distribution system. General bankrupt doctrine is to clear the range of participation in distribution subject, the distribution principle of combining both priority and equality is used to consideration to the efficiency and fairness,straighten out the procedure and construct relief system of China's participation in distribution.