Research On The Improvement Of Participation In Distribution System Of Civil Enforcement Procedure

Participation in distribution system of civil enforcement procedure(hereinafter referred to as participation in distribution system) is very important for civil enforcement. It means when the citizen or other organization as debtor, whose all properties or main properties have been sealed up, distrained or frozen by one court due to enforcing the valid judgment where the monetary payment is required, has no other property which is available for execution or his other property is insufficient to pay off the debt, the other creditors who have the enforcement basis of money obligatory right against the debtor can apply to the executive court for participating in distribution of the debtor’s properties before the debtor’s properties are completely executed.The stage of enforcement is aimed to realize the creditors’ profits and is the profits battlefield among the creditors. When the debtor’s properties are insufficient to pay the creditors who have the enforcement basis, how to coordinate the creditors’ interests relation has become the problem that participation in distribution system wants to solve. The purpose of participation in distribution system are that the different creditors can make use of the same enforcement procedure to get repaid in order to reduce the time and costs, and that in the second place, the different creditors equally share the losses that risked by the delay in performance or impossibility performance. In China, participation in distribution system is concerned with the following things: compromise doctrine(mainly rely on equal doctrine while making priority doctrine subsidiary) is mainly adopted to comfirm the principle of participation in distribution, the creditors who wants to be qualified for participation in distribution shall have the enforcement basis, and the creditors who have filed complaints can participate in distribution before the debtor’s properties are completely executed. But there are some arguments on the specific operating standards, for example, whether the creditors who have filed complaints but don’t have the enforcement basis can participate in distribution or not, and how to define the time that before the properties are completely executed.Begin with the problems of the objects, application deadline and order of participation in distribution, analysis the problems happened in the practice, and combine with the practical cases about objection to execution funds distribution happened in the Court of W City, Z Province which the writer works for, this paper wants to solve the weaknesses of participation in distribution system for the purpose of its improvement by the way of limiting the application deadline of participation in distribution, limited lodgment, review of the rights, regulating the range and distribution order of priority, establishing the information obligation of the court and the report mechanism with limited reward and so on.