On The Participation Distribution In The Civil Executive Program

The system of participation in distribution in the civil execution proceedings is always one of contentious points in theoretical circle and practical circle of civil procedure law. Generally speaking, participation in distribution is not only a way to resolve monetary credits' overlapping, but also a manifestation of overlapping. At present, the limited subject of bankruptcy in China have determined that the system of participation in distribution is a channel to help many creditors realized their credits equally when the citizen or other organizations can not pay their debts with their all assets. To some extent, this way is helpful in ensuring fairness for creditors. However, the current mode of limited bankruptcy doctrine surplus equal distribution principle can not reflect the valuable goal of fairness and efficiency, and isn't competent to remedying the loophole of limited bankrupt doctrine. In addition, the system of participation in distribution of China is regulated by judicial interpretation, and some clauses seem rough, general, and inefficient. Therefore, the system of participation in distribution of China exist defects, and should be reconstructed in compliance with priority principle and the transformation of the rule of bankruptcy system from limited bankrupt doctrine to general bankrupt doctrine.This article contains three parts: Introduction, Text and Conclusion. The text is divided into three chapters:Chapter One: The general research of participation in distribution system. An outline investigation is made on the concept, functions and procedure of participation in distribution system, which gives the basis for the analysis of reformation and perfection of participation in distribution system of China.Chapter Two: The principles of participation in distribution . The author mainly analyses the priority distribution principle, the equal distribution principle and compulsory execution distribution principle. In our civil executive program, we adopt a compulsory execution distribution principle. In a narrow sense, we adopt the equal distribution principle.Chapter Three: The perfection of participation in distribution system of China. This chapter has explained the necessity and feasibility of establishing priority distribution principle and general bankrupt doctrine in China which was suggested to establish priority distribution principle and general bankrupt doctrine mode, with perfection of the procedure of participation in distribution system.