A Study On The Perfection Of Civil Execution Participation In The Distribution System

Participate in the distribution system as a civilian implementation of a specific system to solve monetary claims play an important role in the implementation of competing, to reflect the value of the efficiency of the civilian implementation of the program. The purpose of our country to participate in the distribution is in order to solve the debtor the exclusions bankruptcy ability to fair and orderly settlement of all creditors. In many countries of the world are requirements to participate in the distribution system, the current Civil Procedure Law to participate in the distribution system does not expressly provide that only give simple provisions in the two Supreme People’s Court judicial interpretation of a number of articles. In this paper, the concept of Execution of Civil participate in the distribution system, the legal characteristics of the system function, the applicable principles and China start to participate in the allocation process conditions, respectively, of the sort found the main problems existing participate in the distribution system. The principle of our country to participate in the distribution of the lack of clear legislation, I believe that priority consideration to fairness compromise principles should be established; Participate in the distribution of the constituent elements of the provisions of the legislation is basically the same, I examine the legislation of his country, summed up China’s practice specific problems, trying to solve these problems; The main issues involved in the allocation process is unknown presided over the court to apply the provisions shabby, announcement program humble Indeed, the priority of claim, the author through the investigation of the legislation put forward suggestions for improvement:1. Established under the jurisdiction of the superior court. Specific allocation period, should notice a reasonable period after provisions common benefit claims priority claim special claims the priority of repayment4the law should provide reasonable inform program.