Study On Participatory Distribution In Civil Execution

With the deepening of the market economy, the cross-economic links between market players are becoming more and more frequent. The economic interaction between a certain market player and other different market players is also more and more extensive. In the litigation, many creditors appear in the same litigation or more,to the same debtor claims, so in practice, many creditors in accordance with the implementation of the same or more cases based on the implementation of the same debtor cases have occurred. When the debtor's property is sufficient to pay all of its debts,this multi-creditor to apply for the same execution of the case and the general enforcement of the case is no different. However, the debtor is often less able to fulfill the case of more easily fall into this multi-creditor disputes, this case involves the implementation of how to coordinate the interests of many creditors, how the debtor of the existing property in the creditor Between the issue of distribution. Generally speaking,the judicial practice which deal with this problem is the way bankruptcy, the second is the implementation process of participation in the distribution. At present,the principle of limited bankruptcy is adopted in our country. In the case of insolvency of individuals and unincorporated organizations, the adjustment of the bankruptcy law can not be applied, and the civil procedure law is unclear. In response to the need for legal adjustment of the general liquidation of such principal debt, the Supreme Court has created a "participatory distribution" system in the form of judicial interpretation,as an alternative to insolvency proceedings to resolve equitable debt repayment in the event of debt insolvency?However, since there is no single legislation on enforcement in China at present, all the legal bases for participation are in the form of judicial interpretations of the Supreme People's Court. These judicial interpretations are insufficient in their own reasoning, imperfect in logic, and weak in maneuverability. , Social acceptance is not high. Therefore, in the practice of judicial execution, the participation distribution system is not fully applied and the specific operation involved in the distribution is not unified. On the other hand,because there are too many cases of the same type in the process of application of participation in the distribution of different treatment and results obtained , The judicial unification and judicial authority has caused great damage,and thus lead to social evaluation of the implementation of the judiciary reduced to become "executive chaos" is an important performance. In this paper, the author introduces the basic knowledge of participating in the distribution system, especially the concrete operation problems in the judicial practice, and puts forward some suggestions to perfect the system of participating in the distribution system.This article altogether is divided into three parts: preface, text and epilogue. The text part includes the following four aspects of content:First, participate in the basic theory of distribution. Through clear the connotation of participation in distribution system, clarify the constitutive requirements to participate in the distribution system, solve the distribution of what is involved in? What circumstances apply to participate in the distribution system.Second, to participate in the distribution system of legislation and practice situation in our country. To glimpse leopard, through to the jiujiang two levels of court judicial practice analysis to participate in the distribution system in the judicial practice in our country,Three, the analysis of the causes of problems involved in distribution system in China. In judicial practice, to participate in the distribution system is not fully applicable for perspective, to seek the cause for these problems.Four, consummates our country to participate in the distribution system of exploration and Suggestions. analyze the direction of participating in the development of the distribution system and put forward opinions and Suggestions to perfect the participation in distribution system.