A Study On Participation In Allocation System In Civil Execution

Participation in allocation system in civil execution plays an important role in ensuring two values of the justice and efficiency in the process of civil implementation, as well as maintaining the interests of creditors. Along with the development of economy and the increasing complexity of the economic environment, multiple debts are often seen and participation in allocation system is frequently used in practice. However, relevant laws and regulations are imperfect, which makes it become the focus of discussion in the field of law both in theory and practice. Especially when faced with compulsory execution coincidence of monetary claims, China’s current mode of limited bankruptcy doctrine forces participation in allocation consider how to apply reasonable enforcement procedure to get fair repay when persons and unincorporated organization are insolvent. Current laws and regulations cannot compensate for this vulnerability, which inevitably causes a lot of chaos in the civil execution, thus the creditors’interests cannot be guaranteed. In light of these problems, combined with the current legislative status and legislation experience of other countries, this thesis starts with the concept and value of participation in allocation system in civil execution and puts forward some recommendations based on the general bankruptcy doctrine, thus resolving the existing problems in participation in allocation.The thesis consists of three parts:introduction, text and conclusion. The text expounds participation in allocation system from the four aspects.The first part is an overview of participation in allocation system. This part discusses the implementation of participation in allocation system from concept, value pursuits and application conditions to make a detailed grasp of participation in distribution system, and prepare for the reform and improvement from the source of legislation.The second part is a study of participation in allocation system outside the territory. This part gains experience from the legislative provisions about participation in allocation of Germany, Taiwan area of China, Britain, American, Canada and Japan.The third part is an analysis of the problems of China’s participation in allocation system. This part analyzes the main issues about the applicant qualification, the scope of the executed person and the time limit for application so as to find out the loopholes and reasons of China’s participation in allocation.The fourth part is about the proposal of perfecting the participation in allocation system. This part suggests expanding the scope of creditors that apply the participation in the allocation, determining the deadline of the participation in the allocation, establishing the allocation principle of limited priority, as well as improving relief measures of participation in the distribution, adopting the general bankruptcy theory, establishing the authority start-up mechanism of the bankruptcy system and so on. I propose the perfection about China’s civil execution participation in the allocation system, hoping to fully play its role.