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On The Participation Distribution System In Civil Execution

Posted on:2017-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:Z B WangFull Text:PDF
GTID:2356330536469825Subject:Law
Abstract/Summary:PDF Full Text Request
Participate in the distribution system of debtor property cannot pay off all claims in the treatment to the fair distribution of convenience and efficiency of the implementation of the property on the issue among creditors,which has been widely used in judicial practice.However,we need to solve the problem of concurrent execution of China's participation in the distribution system,also need to undertake the function of the bankruptcy and debt repayment,and the reality need to guide more backward so that the function of the bankruptcy and debt repayment,reduced to make up defects of bankruptcy legislation measures.The value and function changes,China's participation in the distribution system in terms of rulemaking level or judicial practice there are many problems,seriously affected and restricted the effectiveness and efficiency of civil execution.Nowadays,how to improve the participation in distribution system becomes an urgent problem to be solved,which is becoming more and more frequent in the judicial application of the distribution system.The writing of this article is about how to solve this problem.In addition to the introduction and conclusion,the thesis is divided into three chapters.The first chapter is an overview of China's participation in distribution system.This chapter based on the introduction of the distribution system in the law of our country on the condition and process of application focuses on participation in the distribution system,in order to explain from the status of the distribution system in our country from the perspective of judicial practice,make the necessary groundwork for the writing of the full text.The second chapter discusses the problem of China's participation in distribution system.At present,the distribution system deficiencies in many aspects of the applicable conditions,subject,object,time,the principle of participation in our country,this chapter will take the problem as the research object,to explore the reasons,summed up the insufficiency of objective performance and the harm,in order to find the root for the next chapter puts forward some suggestions based on.The third chapter puts forward suggestions on perfecting our country's participation in distribution system.The improvement of the legal system should not only pursue the requirements,more need to consider the reality of the situation,so this part of the proposal writing is divided into two parts to deal with the long-term goal and reality.Toimprove China's long-term goal of participation in distribution system should be smooth,the international trend of bankruptcy legislation,the general bankruptcy,the insolvent person and other organizations into the bankruptcy adjustment range,stripping participate in the distribution of the bankruptcy and debt repayment function.The social basis and supporting measures but China's current implementation of general bankruptcy is not yet perfect,so this chapter Yizhen of the previously mentioned shortcomings,from the practical needs,and puts forward concrete suggestions.
Keywords/Search Tags:Civil Execution, Participation in Distribution, Bankruptcy, Priority Principle
PDF Full Text Request
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