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Participation In The Distribution In Civil Execution

Posted on:2016-12-20Degree:MasterType:Thesis
Country:ChinaCandidate:L S ChenFull Text:PDF
GTID:2296330461959819Subject:Legal theory
Abstract/Summary:PDF Full Text Request
As an important institution, participation in the distribution has been hotly debated in the cusp of theory and practice of law. Generally, participation in the distribution is a method of solution about enforcement for money and it also a form of expression of enforcement broadly. But, for our bankruptcy legislation according to limited bankruptcy theory, it decided our participation institution must included about a natural person or other organization and help them get fair settlement through the same enforcement proceedings. However, on the one hand, the existing participation in the distribution can not achieve the goals of fairness and justice. On the other hand, it also can not compensate for the loopholes in bankruptcy legislation. At the same time, the relevant laws and regulations are not perfect even conflicting. So, it inevitably caused the disordered situation. In view of the above issues, according to the economic development and legal construction, begins to the concept of participation in the distribution and based on the general bankruptcy, we should make some comments on our existing institution, then give it new connotation and functions and let it play it’s due role in civil enforcement.
Keywords/Search Tags:system of participation in distribution, general bankrupt doctrine, civil execution procedures
PDF Full Text Request
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