Research On The System Of Participation In Distribution Of Civil Execution

The participation distribution system in China's civil execution procedure is one of the focal points of controversy in the theory of procedural law,and is also a difficult point in the practice of judicial practice.As a supplement to limited bankruptcy,participate in the distribution system is when the natural person does not have the qualification of bankruptcy and other organizations of insolvency,the creditors can get fair compensation.No relevant provisions on the distribution system in the Civil Procedure Law of our country,the Supreme People's court in the form of judicial interpretation with some legal provisions on the distribution system in the specification,effectively compensate for the deficiencies in legislation.There are differences in the system of participation in distribution and execution,bankruptcy and property preservation,but they are related to each other,to clarify the relationship between them is of great significance to the correct understanding and application of participation in distribution system.Participation in the distribution system is mainly used to solve the debtor and creditor in the civil implementation of the "one to many" situation,how to fair and orderly liquidation of the debtor's property.With the further development of China's socialist market economy,the existing laws and regulations facing some new situations and new problems in civil execution is feeble,lack of guidance and restraint of the.Our participation in distribution system of certain shortcomings: first,there is a lack of second elements of creditors;starting date and end date of uncertainty,it is difficult to grasp in judicial practice;third,the liquidation order is not clear,easily lead to unfair distribution;fourth,the distribution of the court in charge of the division of labor is not clear,the responsibility is not clear,did not fulfill the obligation,not to participate in the distribution of program specification and to safeguard the interests of the parties;fifth,the relief system is not perfect.With the rapid development of economy and society,highlighting the contradiction between participation in distribution system and gradually mature market economy,perfecting the system of participation in distribution in China is imperative,mainly from the following aspects: first,the creditors participate in the distribution of elements;second,during the refinement of participation in the distribution,respectively to determine the start date and end date;third,the provisions stated,perfecting the liquidation order;fourth,to determine the distribution of the court in charge,clear the duty of disclosure;fifth,improve the participation in the distribution of relief system.Through the improvement of participation in distribution system,gradually standardize legislation,clear the purpose and function of participation in distribution system,enhance the participation of guiding the distribution system of judicial practice,to better guide the practice of socialist modernization construction.