Participate In The Distribution System In The Execution Of Civil

The civil execution of participation in distribution system is obtained according to the execution of creditors into execution procedures, apply for court sealing, distraining or freezing as citizens of the execution of all or any other organization or the main property, the other to the debtor has obtained executive basis or already charged creditors in found that the debtor can no longer provide full specified amount of property, to the court file an application in order to get the equal rights into the same implementation procedure of the system of the misdeed.Participate in distribution system as a civil enforcement procedure of one of the important part, mainly to solve the court in dealing with many of the same pay creditors put forward requirements of the situation, to execution property take measures of enforcement of income distribution problem how to be. Many creditors are required to pay to execution of property under the condition of how to do it justice and efficiency, is according to their successively application order, or according to the proportion pay off? Accordingly, produce the priority principle, equality principle, eclectic principle three legislative principles. According to existing participate in distribution system concept and applicable condition that our country sets all get execution according to citizen or other organizations in accordance with the participate in distribution conditions of equality can be satisfied. According to our country to participate in distribution can be seen from the system level adopted the principle of equality, but from the executive system of property distribution level, our country the current legislative principles adopted "hybrid socialist" principle.Participate in distribution system is actually the state public aid force a kind of property distribution system, in today’s market economy in our country, that are, the principal transactions in the environment economic relationship between complex, and trade between the main body of creditor’s rights debt disputes is especially outstanding, that are, the principal transactions party the law profit often can’t through self relief can be realized, which requires the state public aid force shall be protected program, in order to maintain and stable base for the development of market economy in our country. In China, the distribution system in the legislative experience from scratch, from coarse to fine process. Participate in distribution system as a civil execution of a program has not got the attention of lawmakers, investigate its reason lies in its with bankruptcy system on the function appear overlap, as a independent law, two systems are in the court of the debtor presided over all the property to many creditors to pay, but the main difference is the different range, the system aims at is the enterprise legal person, to participate in distribution system is a natural person and other organization, most scholars believe that design to participate in distribution system is to fill the blank of the main bankruptcy system. Nowadays most countries in the world as a general bankruptcy socialist, want to with the international community, it is important to solve the problem by the bankruptcy law will be adjusted, the existing participate in distribution system natural can’t instead of fusion.