The Improvement Of The Theory Of Our Country To Participate In The Distribution System In Civil Execution

The problem of difficult enforcement of the people’s court has plagued the people’s court for a long time. There are many different reasons, one of the reasons is that China currently has no specialized Civil Compulsory Execution Law, the civil execution procedure only exists in the Civil Procedure Law. The effective documents of the people’s court could not carry out quickly and effectively, and could not protect the lawful rights and interests of the parties, which could damage the dignity and authority of the law and have a big deal of bad effect on the social development and economics. It is necessary to strengthen and improve the legislation on the enforcement. The procedure of participation in distribution is an important part of China civil execution procedure, and it is a focus question between legal academic theories and judicial practice. The participation in distribution is an approach to resolve monetary credits’ overlapping, and is also an important supplement to implement the legislation of the limited bankruptcy in China. When the citizens, other organizations was insolvency, it provides other creditors a way to realize their rights. However, the judicial interpretation of the participation in distribution system lags and it is operated poorly at present, many problems are exposed in the judicial practice. I have worked in the court for many years, based on that, and according to relevant jurisprudence, combined with cases, I propose to reform and improve China’s participation in the distribution system, so the system can play its due role.This paper is divided into three parts:introduction, main body and conclusion. The main body of this paper elaborates the participation in the distribution system on five parts:Chapter one:overview of the participation in the distribution system. Introduction and analysis room the aspects of the concept, structure, distribution program and principle of participating in the distribution, the purpose is to get some more details of the current system of participation in China.Chapter two:the analysis of the characteristics of China’s current participation in distribution system and the thought of handling the case, which combines with the cases I handled.Chapter three:lists of the existing problems of China’s participation in distribution system and solutions in judicial practice. This chapter analyzes the low level of participation in the distribution system in China’s legislation system, I suggest to strengthen the legislation. The distribution principle of participation in the distribution system, announcement procedure and so on, are not clear in the judicial practice, I propose to regulate and specific the law.Chapter four:analysis the reasons of the defects of China’s participation in the distribution system. The chapter analyzes the reason of the defects of China’s participation in the distribution system, which is the conflict between the system and the bankruptcy system.Chapter five:improve and reconstruct the system of China’s participation in the distribution system.