On China's Participation In The Distribution System Reform And Improvement

The difficulty and mess in execution is always what the theoretical circle and the executive organ of court want to resolve. Adjusting of the system is what should be thought. Participation in distribution system has many disadvantages and it should be reformed. Participation in distribution system of China carries on the doctrine of equality in distribution of execution and demonstrates the fair value of law and we should insist on it. Based on the analyses of the present situation and problem and rationalization of exist of participation in distribution system in China, the article offers several suggestion to reform and improve the participation in distribution system. First of all, the article introduces the present situation of participation in distribution system in China. Then the article offers some problems in this system: the uncertain standard of the starting of the participation in distribution;the deviation of the function and the procedures of the participation in distribution, the absence of relief procedures;the uncertain application time of the participation in distribution;the unadaptation of the principle of the repeating attachment prohibition and the allocating principle of the conflict in money claims execution.Against to the point of abolish the participation in distribution system, the article proves the necessity of exist of that system from two aspects. For one side, the author thinks, in the three modes of solving the conflict in money claims execution, which include doctrine of equality, doctrine of preference, doctrine of group preference, the doctrine of equality is more applicable for our country's condition. That is because, first, as the social credit system is not perfect, and the prosperity condition of the debtor is not public, and there is not the perfect bankrupt system as the support, and the it is hard to make clear of the time which the right of preference conform, we can not use the doctrine of preference in common legal system;second, we don't have the necessity and possibility to create a right which can let the creditor who apply to execute at front need not to assume the lose, so the doctrine of preference in German is not apply to our country's legal condition. Therefore, doctrine of equality call for the exist of participation in distribution system. For the other side, the individual bankrupt system is hard to establish in the short period, so the participation in distribution system havemore the reason to exist.The third chapter of this article propose the specific scheme to reconstruct the participation in distribution system in our country .First, we have to improve the accessory system of participation in distribution system, including give "the other organization" the right to bankrupts reforming the repeating attachment prohibition system and the jurisdiction system in the execution. Second, we have to reconstruct the procedure of participation in distribution system, including reconstructing the condition to apply for the participation in distribution > the procedure rule of participation and distribution and constructing the system of dissension and lawsuit in participation and distribution to give the debtor and creditor to resort to relief. The function of the new system is no longer to make up the limitation of the bankrupt. The principle aim is to use the one procedure to pay the two or more claims to save the money and time. That is to say, weather the debtor's prosperity is enough to pay all claim, once there is conflict in money claims execution, we just use the participation in distribution system to solving the conflict, unless it apply for the bankrupt condition.