On The Civilian Implementation Of The Participation In The Distribution System

The system of participation in distribution in the civil execution proceedings isalways one of contentious points in theoretical circle and practical circle of civilprocedure law. Generally speaking, participation in distribution is not only a way toresolve monetary credits' overlapping, but also a manifestation of overlapping. Atpresent, the limited subject of bankruptcy in China have determined that the system ofparticipation in distribution is a channel to help many creditors realized their creditsequally when the citizen or other organizations can not pay their debts with their allassets. To some extent, this way is helpful in ensuring fairness for creditors. However,the current mode of limited bankruptcy doctrine surplus equal distribution principle cannot reflect the valuable goal of fairness and efficiency, and isn't competent to remedyingthe loophole of limited bankrupt doctrine. In addition, the system of participation indistribution of China is regulated by judicial interpretation, and some clauses seemrough, general, and inefficient. Therefore, the system of participation in distribution ofChina exist defects, and should be reconstructed in compliance with the transformationof the rule of bankruptcy system from limited bankrupt doctrine to general bankruptdoctrine.This article contains three parts: Introduction, Text and Conclusion. The text isdivided into four chapters:Chapter One. The General Research of Participation in Distribution System. Anoutline investigation is made on the concept, characteristics and purpose of participationin distribution system, and by comparing the participation in distribution system withbankruptcy system, gives the basis for the analysis of disadvantages and reformation ofparticipation in distribution system of China.Chapter Two. The Content of Participation in Distribution System. In this part, thecontent of participation in distribution system is discussed from Participation andDistribution. The Participation contains general content and content of China'sparticipation system. And on the basis of analysis of the principles of participation indistribution system in different legislative modes, discourses China's Distribution. Then,the proceeding of China's participation in distribution is introduced.Chapter Three. The Analysis of China's Participation in Distribution System. Onthe basis of above-mentioned, this part gives a reflection of problems of the currentparticipation in distribution system of China, and then suggests that the substance ofChina's participation in distribution system is a way to remedy the loophole of limitedbankrupt doctrine, and should be reformed.Chapter Four. The Reflection on the Reform of China's Participation inDistribution System. The article has the view that the best way to reform the China'sparticipation in distribution system is to adopt general bankrupt doctrine in bankruptcylaw, and then reconstructs a new participation in distribution system of China.