The Study Of Participation In Distribution System In The Civil Execution Proceedings

With the increasingly frequent social and economic exchanges,the number of cases of money and debt disputes in the case of the implementation of the court increased year by year.In these cases,multiple creditors often apply for enforcement of the same debtor,and the debtor is not sufficient to pay off all the debts.The establishment of the participation in distribution system in the execution process,the purpose is to protect the creditor on the debt,so the role of participation in the distribution system in ensuring the implementation of justice and efficiency is becoming increasingly important.Represented by the United States,Germany and so on Anglo-American law system and continental law system countries participate in the distribution system of civil execution procedure is relatively perfect,and formed a representative of the priority principle,the principle of equality and compromise under the principle of three kinds of legislative mode,etc.For a long time,our country civil procedure law in the legislation did not participate in the distribution,the executor to participate in the distribution system of legal basis,mainly is the result of the supreme people's court making related judicial interpretation and execution work rules.Although these regulations to participate in the program,distribution,distribution of objection(v.)programs,have the right of creditors to seek preferred payments,be executed for enterprise as a legal person the rules how to participate in the distribution of content,but the rules are too principle,the lack of operability;There is a conflict between certain rules,controversy in the judicial application,is difficult to solve the problems in the judicial practice.This paper tries to study to participate in the distribution system of launch system,on the basis of literature study,comparison study method,to Germany,France,Switzerland and other countries to participate in the distribution system and compared them to participate in the distribution system in China,to find this aspect of the lack of content in our country,draw lessons from foreign advanced legislation experience combined with the actual situation in our country aiming at the shortcomings of the existing laws in China,the existing problemsfrom the aspects of entity and procedure,in perfect puts forward recommendations can be made use of to participate in the distribution system.Based on the combination of research methods on the integrated use of a variety of research methods,take the literature research,comparative analysis,theoretical analysis method of law,combined with the actual analysis,etc.Through literature collection access to comprehensive,real-time understanding of the problems for study.Through to the outside to participate in the study of the distribution system legislation,compared with our country to participate in the distribution system in the enforcement procedure for reference,according to our country's present legislation and judicial practice,to participate in the distribution system to further improve suggestion to our country.Besides preface and conclusion,this article is divided into four parts to execute a program of participation in distribution system are discussed.The first part is the summary of executable program to participate in the distribution system,expounds the theoretical existence of the definition of executable program to participate in the distribution system of the two theories,namely the general theory and theory of narrow sense,the distinction is whether to the person subjected to execution of property is insufficient to discharge all debts.Expounds the application of participate in the distribution system of value and the characteristics of the system functions and participate in the distribution system.The second part for countries outside to participate in the distribution system.At present,the scope of participation in distribution system of legislation there are three main principles,the author on behalf of the state as example,under the principle of three kinds of legislation was investigated.Use priority is Germany,the United States on behalf of the state;Adopt the principle of equality on behalf of the state for France,Japan;The compromise principle on behalf of the state for Switzerland,Canada.The author uses the comparative analysis method,combining with our country to participate in the distribution system of legislation,countries outside expression to participate in the distribution system for our reference.The third part is the current situation and problems of participation in distribution system of legislation in our country.The author to our country to participate in the distribution systemof legislative history process,participate in the distribution program to participate in the program,distribution,distribution of objection(v.)program,distribution,transfer the bankruptcy proceedings are expounded respectively,and involved in the problems existing in the distribution system is discussed from the aspects of entity and procedure.Entity aspects including principle problems or the sequence of the problem,the more the person subjected to execution and the allocation of different subject and application in amount allocation problem.Aspects including application to participate in the distribution of time,no announcements,system,and dissent application problems,in the form of questions and to draw out below.The fourth part for our country to participate in the improvement of the distribution system.This chapter to illustrate the author from the aspects of entity and procedure for our country to participate in the distribution system of perfect.Entity aspects include additional dedicated to participate in the distribution system of legislation,specifically to participate in the distribution system of the specific principles,clear to participate in the distribution of the sequence and standard,the standard of "not enough to pay off all debts".Perfect Suggestions including application deadline perfect,perfect public announcement procedure perfect and dissent procedure.Through the discussion of the above parts,the system research to participate in the distribution system,on the basis of literature study,comparative study method,in order to participate in the distribution system under different legislative principles on behalf of the state,for example as a study object,draws the experiences of advanced countries outside combined with the actual situation in our country aiming at the shortcomings of the existing laws in China,the existing problems from the aspects of entity and procedure,and hope to improve the proposed recommendations can be made use of to participate in the distribution system.