The Research Of The Participation Distribution System In The Civil Enforcement

Civil enforcement program in China's participation distribution system is the focus of controversy in legal theory, It is also difficult in judicial practice in the actual operation process often encountered. The historical origin of participation distribution system can be traced back to Rome law, but China's participation distribution system to formulate is a late start. As a supplement to limited bankruptcy,participation distribution system is the natural person does not have the qualification of bankruptcy and other organizations to insolvency, its creditor's right to obtain fair compensation.China civil procedure law does not stipulate the system of participation distribution, the Supreme People's court in the form of judicial interpretation stipulates the system of participation distribution,but the regulation is principled and lack of operability,and have conflict between some rules, aiso have debate in theory, It is difficult to solve the problems in the judicial practice.The author, as a judge engaged in performing work, encounter many problems in application process of participation distribution system, Therefore to participate in the distribution system as the research object. This article starts from the current situation of participation distribution system of our country, points out and analyzes the insufficiency in the theory and judicial practice of our country's participation distribution system, and puts forward some ideas to perfect China's participation distribution system. There are three parts in this article:introduction, main text and a conclusion, the main text is divided into four chapters.The first chapter is about the estimate of the current situation of participation distribution system in the civil enforcement.This chapter examines the legislative history.the function of system,conception,application condition and judicial procedure of participation distribution system in China,then will show reflect on the basics of grasping overall the participation distribution system in China.The second chapter is about the Interpretation of the theory of participation distribution system in the civil enforcement.It analyses the question in China's participation distribution system from a theoretical perspective.On the basis of investigating the participation in the distribution system with different principles,it aiso analyses the principle of China's participation distribution system,and points out the question of functional localization in China's participation distribution system,then elaborates the lack of legislation in China's participation distribution system.The third chapter is about the judicial practice of the participation distribution system in the civil enforcement.It analyses the question in China's participation distribution system from the perspective of the judicial practice,include three areas:the procedure of participation, the procedure of distribution and the procedure of distribution relieve,and combines own actual work.lt also comparative studies the law of overseas participation distribution system about the practical question.The fourth chapter is about the conception of perfecting the system of participation distribution the civil enforcement in China. This chapter puts forward the perfect the system of participation distribution in China conceive aiso from theory and practice.It has the following perfectting conceivein the theory:to determine the equality principle of China's participation distribution system, regression to compensate for limited bankruptcy less functional, proposition to perfect the legislation.And it has the following perfectting conceivein the practice:expand the scope of application of the subject, adjust presided over the distribution of the court, set the notice of the court procedure and period, set the system of depositting allocated, standardize the distribution scheme by legislation, improve the distribution scheme objection system.