On Participating In The Distribution System In Civil Execution

"The execution of civil procedural law also is named as the forced execution is the activities of law and procedure that the enforcement body compels the parties who refuse to perform their obligations to fulfill their duties and realizes the content of effective documents of law by taking the measures of compulsory execution. All of these rights of enforcement body comes from the public power of country and also is based on the effective documents of civil law."①The importance of civil procedural law is when the debtor refuses to fulfill the duty, if there isn't a compulsory mechanism to force the debtor to fulfill the duty, the legal document will mean nothing. Therefore the civil executive law stresses on how to turn the content of legal document into reality as soon as possible and pays more attention to the value of efficiency during considering the needs of fairness.As a part of civil procedural law, participate in the distribution mainly solves how to assign the executive obtaining, when many creditors request the same debtor to pay off the debt at the same time or successively. This procedure certainly can't avoid pursuing the legal value of efficiency and fairness. Do many creditors be paid off according to the order of taking part in the procedure, at the same position, or by proportion? Regarding this question, different reply forms different legal regulation in different countries, the priority principle, the equal principle and the compromised principle. The field of our country's property distribution implements the mixed principle, namely when the property of debtor is enough to pay off all the debt, the priority principle will be adopted. When the property of debtor is not enough to pay off all the debt, if the debtor is the business corporation, the procedure of bankruptcy will be started; if the debtor is out of the business corporation, the equal principle will be applied, and the participate in the distribution will be used.The system of participation under the frame of present legislation is the expediency of remedying the defects of bankruptcy system, so it is still not mature. The tendency of bankruptcy is from the limited one to the general one. Regarding this, our country's legislation can't avoid it too. Then after the general principle of bankruptcy is established...