Research On Priority Issues In Participation In Distribution Process

Executable program participation in distribu tion system are the pr operty of the person subjected to execution is insufficient to discharge all creditors, according to certain principles to the person subjected to execution of property system of distributed in all the creditors. In court to start the allocator counterproposal models for actual processing, th e most important issue to be resolved is the distribution of the creditors order problem. In today’s social interests diversified, case distribution and balance of interests is more, should be considered when combined with the current law in our cou ntry for the participation in distribution in a s pecial priority between creditor’s rights have the right, whether various problem s such as how do you determ ine the optimal order should not m ake clear a regulati on, practice around the court to understand thi s problem is not unified, to operate without the pr inciple of unified specification, dam age to the seriousness and authority of justice, therefore, the research involved in priorities in the allocation program has its practical significance.In this paper, starting from the execution work practice, on the basis of current research around the court, puts forward and analyzes pres ent procedure of partic ipation in distribution should be the priority of compensation with priority types and the optimal order of priority. The article discusses the problem from three aspects:The first chapter, "participate in the alloca tion process involved in the priority". This chapter expounds the concept of the priority that priori ty is in conflict of civil rights, in accordance with the relevant provisions or agreement can be achieved in preference to other civil rights of civil rights. According to dif ferent standards, can be divided into general priority and special priority priority, chattel and real estate priority priority. According to China’s existing laws and regulations, involving civi l priority type mainly has preferential privilege, the priority of compensation, right of first refusal, etc. In participating in distribution programs, the Supreme Court on civilian law interpretation and implementation of certain rules re lating to the work are mentioned have the right of creditor’ s rights can be better than the ordinary creditor’ s rights, compensation for the specific scope of priority has not been made clear instructions.Based on the related legal ru les and enforcem ent practice summ arized the situ ation of priority protection, participating in priority in the allocation program has the following kinds:(1) the execution cost priority;(2) the labor claim priority;(3) the personal nature of priority claims;(4) the person subjected to execution cost of basic life safeguard priorities;(5) to the commercial housing to all or m ost of the m oney the buyer(consumer) priority;(6) refundable pedagogue tuition and fees and staf f wages, social security fees priority;(7) construction engineering cost priority;(8) of maritime lien;(9) civil air craft liens;(10) land prior ity;(11) based on retain ownership or transfer of registration of surplus value the priority of compensation;(12) the real rights for security of the priority of compensation;(13) tax priority;(14) first seizure priority, etc.The second chapter, "the cu rrent situation of judicial practice", in Beijing, zhejiang, guangdong court now to participate in the allocation of priorities in the program to recognize and grasp the status quo. B eijing court practice consider protection pr iority in participating in distribution program mainly include: real right s for security priorities, the priority of compensation, the construction project paym ent of all or m ost of the m oney delivered commodity buyer(consumer), labor claim priority, ship priority, civil aircraft priority, priority should be refund pedagogue tuition a nd fees with priority and staf f wages, social security fees, the first seizure, gold of land sell one’ s own things priority priority, etc. Zhejiang court now to participate in the distribution program considering the priority of mainly includes: the real rights for security, ship priority, civil aircraft priority, priority of the construction project price priority, priority, land tax priority, refundable pedagogue tu ition with priority, all or m ost of the m oney delivered commodity house buyer(consum er) priority, based on the retention of ownership or transfer registration and the remaining price first seizure of the priority of compensation and the right of way. Guangdong court in participating in distribution programs currently considering priority are: execu tion cost, labor claim priority, real rights for security priority, priority first seizure priorities such as pr iority. Around the court aw areness of priority species is not completely consistent, the actual operational level in the face of all kinds of right of priority protection efforts, determined the optimal order of priority is also different.The third c hapter "the priority between the optimal order", think to participate in the distribution process involved in the sequence of the 14 kinds of priority should be divided into five payments. First place to carry out cost, including the application execution, legal fees and expenses of the public; Second-lien to involve the basic right of priority, including labor claims priority, personal property claim s priority, the person subjected to execution cost of basic life safeguard priorities, delivered all or most of their money commodity buyer(consumer) priority, refundable educatees tuition and fees and staff wages, social security fees priority; Third to enjoy priority in the subject matter of the special line, consists of the construction project price priority, maritime liens, civil aircraft lien, priority, based on land retain ownership or transfer registration of surplus value the priority of compensation; The fourth line of real rights for security priorities and tax priority; Line 5, seizure of priority. In the front line in the bottom right before the last line of right of lien. For the sam e sequence each priority, in addition to the law has spec ial provisions, in proportion to the repayment.