Participation In The Distribution In Civil Enforcement

Civil Enforcement program participate in the distribution system is the legal theory and judicial practice focus of debate. Enforceable as a generalized form of a competing, Participate in the distribution of money to resolve competing claims a method of execution. The bankruptcy of a limited Bankruptcy Legislation,Decided to participate in the illegal distribution system must be considered a natural person or other organization can not pay off all debts,For the repayment of all creditors to provide a fair way.However, the existing distribution system can neither participate in enforcement of the full realization of the value of equity and efficiency goals,Bankruptcy can not make up for a limited vulnerability.Interpretation by the Supreme Court of Justice in the form of distribution of the relevant provisions of the existence of conflict and the problem of poor operability,The confusion caused by the judicial practice.Therefore, Address these issues,According to China's national conditions,Enforcement of bankruptcy from the legal system of two important functional position to proceed,Participation to reform the existing distribution system,Improve with the support of the bankruptcy law and other related legal system,To the participation of our country to play its due role in the distribution system.This article is divided into four parts, the following key elements:The first part: The participation of civil enforcement procedures in the distribution of basic theory. Legal basis to participate in the distribution, characteristics elements of the analysis and to participate in the distribution of the principles of assessment, Pointed out that the principle of priority in the allocation of doctrine more reasonable than the egalitarian.Part II: Participation of civil enforcement proceedings Interpretation of the distribution system. From the legislative purpose, legislative principles, conditions and procedures applicable to China's participation in four areas to interpret the distribution system.Part III: China's involvement in the civil enforcement procedures reflect the distribution system. Distribution system to the conditions of participation in setting the scope of application for participation in distribution of the creditor, debtor and seal for the main distribution system and the implementation of the relationship between the reflection problems. Pointed out: China's participation in a fair and efficient allocation does not insist that the value orientation, location good relationship with the bankruptcy system, not only participate in the distribution caused confusion on the practical operation also led to expansion in the scope of application distribution; and preferred combination of The principle of priority and egalitarian form the distribution mix of doctrine, not only does not reflect the fair, can not achieve efficiency.Part IV: Improve the execution of civil participation in the proposed distribution system. China's participation in the distribution system must adhere to the values of efficiency and fairness. First of all, should realize the value of the distribution system in return, so in a fair distribution system under the premise reflects the efficiency of priority. Secondly, we should rationalize the distribution and insolvency regimes in relation to the formation of only two distinct but complementary organic whole. In order to achieve the efficiency and fairness of civil pursuit of value, should be adopted, "General Bankruptcy + priority doctrine" of the legislative model: the debtor to pay off all debt, by giving priority to participate in the distribution system of doctrine as soon as possible the interests of all creditors in order to improve the implementation efficiency; while in debtor can not pay off all debt, debt through the bankruptcy process to achieve equity between the various creditors. Correspondingly, should formulate a unified law enforcement, and reform the existing sealed system, established in the distribution of notices and announcements of the court system, the implementation and enforcement procedures in case of procedures.