Study On The Legal Issues Of System Of Participation In Distribution In Civil Execution Procedure

Participation in distribution system, refers to eligible creditors except the creditor applying for civil execution apply to join into the civil execution procedure in order to participate in repayment amount through executive measures applied to debtor’s properties fairly and orderly, when all claims of monetary creditor for the settlement of debts from debtor’s property in civil execution cannot liquidate all the debts of the debtor. The system of participation in distribution in China is the product of the subject of bankruptcy law in our country that is not complete and perfect, although it is the supporting systems which belongs to the bankrupt legal system in function. However, the current judicial interpretation of the provisions are too simple, broad and general, which can’t meet the need of the judicial practice in cases of the complex issues of handling of participation in distribution and have an urgent need to improve it. Through investigation, research and discussion to the participation in distribution concept, and other basic issues of which, such as applicable condition, function, relationship with the bankruptcy system, the scheme of participation in the distribution, relief procedure of the objection to the distribution scheme and so on, referring to the legislation to participate in the distribution of other countries and regions, and combined with China’s current legislation and judicial practice, this article puts forward some suggestions to perfect the distribution system in our country.This article is divided into three parts, which are preface, main text, and conclusion of it. It meters about seventeen thousand words. Through four parts, the main text discusses the participation in distribution system from five aspects. The abstract of main text is as follows:The first part introduces the legal provisions of China’s participation in the distribution system and the relevant legal system of other countries and regions, starting with the concept, the historical evolution, legislative purpose and function of the participation in distribution system, having a detailed comparison of the three different legislative modes taken by various countries and regions, namely priority and egalitarian, eclecticism.This part also analyses that other countries take different stands of legislation is based on the objective needs of cooperation and coordination of different bankruptcy systems and the corresponding civil execution system applied to that country, and then concludes that our country takes the egalitarian mode from analyzing the current legislation of our country. Finally this part introduces the relationship between China’s participation in distribution system and bankruptcy system.The second part is the analysis of the formal conditions and substantive conditions applied to participation in the distribution in china, and the introduction of the process to apply for participating in distribution. This part first analyzes formal conditions applied to the system, such as the scope of the debtor must meet the request of law, the creditor must apply for participating in distribution to claim monetary right of credit, the creditor must has acquired legal decision for civil execution, and must has put forward to participate in accordance with the time limit requested. Then it focuses on the substantive conditions for the participation in distribution through analyzing the legislation and practical case in detail, such as the debtor must has no other property or other property is unable to pay off all the debts. Simultaneously, this part also introduces the process to apply for participating in distribution as well as processing objection to distribution plan. It analyses and discusses very carefully the issues of the procedure of participation in distribution and the relief procedure after parties raises objection on the distribution plan, and treatment measures in judicial practice of participation in distribution taken by people’s court.The third part is the judicial practice problems under the existing provisions on participating in distribution. Eight aspects in this part are analyzed and discussed on the present main problems in distribution system, including the scope of the creditor applying for participation, and the examination of application for participation in the distribution.The fourth part is about suggestions to the perfection of participation in distribution system in china. This part first analyzes the necessity of optimization of the participation in distribution system in our country, and then put forward the optimization suggestion from two aspects clearly such as the range of the creditors applying to participate in the distribution, then it throw out perfection suggestions mainly from the six aspects of confusions facing in the judicial practice about the contentious procedure on the distribution plan, such as the request object and proceedings of it.