Research On The System Of Participating In Allocation In Enforcement Procedure

System of participating in allocation is an important system in the civilenforcement procedure, which is committed to ensure multi-creditors to achieve theirclaims equally. Nowadays, it is quite common that most creditors cannot fully oreven partially realize their rights regarding the distribution of property of specificdebtors. More and more creditors cannot fully achieve their claims. If we allow eachindividual creditor achieve claims based on their own implementation, some of themwill be bound to cause substantial inequality. Thus, system of participating inallocation came into being. In our country, system of participating in allocationstarted very late, and specification form is only established through judicialinterpretation, which caused the content imperfect. These issues not only result insome creditors cannot achieve their claims equally, but also reduces the credibility ofthe judiciary and execution efficiency. Based on reflection of the mentionedproblems above, the author choose “Research on the System of Participating inAllocation in Enforcement Procedure” as the master’s thesis topic，and the authorwill study the legislative purpose of the system of participating in allocationcombined with our current problems in legal norms, in order to give proposals forthe improvement of System of Participating in Allocation in Enforcement Procedure.This paper will study the legislative purpose of the distribution system andcombine the experience of extraterritorial legislation, in order to give proposals forthe improvement of the distribution system.This paper will be divided into three parts. First，the basis of the System ofParticipating in Allocation in Enforcement Procedure. The author will talk about thehe the concept of system of participating in allocation on the basis of the existinglegal norms, and introduce the status of this system compared with bankruptcysystem. Second, the existing problems of the System of Participating in Allocation inEnforcement Procedure. It lacks of legislation, which cause itself an awkwardsystem in civil enforcement procedure, and the legislation pursue formalism which is not conducive to substantive equality. In addition, the content is not perfect enoughcompared with extraterritorial legislation to some extent. Finally, puts forwardsmeasures to the System of Participating in Allocation in Enforcement Procedure. Inlegislation, give an introduction of the necessity and feasibility of legislation, inorder to improve this system. In principle, to achieve substantive equality on thebasis of formalism. On the content, compare extraterritorial legislation with ourcountry’s legislation, in order to give reasonable suggestions to the System ofParticipating in Allocation in Enforcement Procedure.This paper discusses three parts, in order to improve the System of Participatingin Allocation in Enforcement Procedure.