Study On The System Of Participation And Distribution Of Civil Execution In China

With the development of society,the problem of difficult implementation of our effective legal documents is becoming more and more serious.Under the influence of various factors,the execution of generated documents can not be done.In order to solve the related civil problems fairly and fairly,our country has established the participation distribution system in the civil execution procedure.This paper makes a detailed study on the basic content of the system of participation in the civil execution process,the present situation of the legislation and the current judicial status and the main problems,and puts forward some suggestions and plans for the existing problems of the current civil execution procedure in the distribution system.This paper consists of three parts: introduction,text and conclusion.The text includes four aspects:Firstly,it expounds the participation distribution system in civil execution.From the angles of participation in the concept,function and principles of the distribution system,we have a macroscopic understanding of the participation distribution system.According to the difference between the distribution system and the bankruptcy system,we will determine the different functions of the two systems in our legal system.The system of bankruptcy is based on the principle of fair and impartial,and is more inclined to the problems of the balance of creditor's rights,and the system of participation in distribution is more inclined to the problems related to the solution of individual creditor's rights,thus making it more efficient.Secondly,the present situation of China's participation in the distribution system is analyzed.The main purpose is to take an empirical analysis of the research method,from the actual investigation of China's civil execution procedures to participate in the distribution system of the legislative status and judicial status of the analysis.This level will introduce detailedly the situation of participating in the distribution system in legislation and judicature,as well as the specific application in real life.Because the legislation of our country does not stipulate this system,it is only explained in the form of judicial interpretation,and can not face thecomplicated and changeable debt and debt relationship in real life,so I also talked about some views on perfecting the legislation when we discuss the current situation of legislation.Thirdly,put forward the problems of China's participation in the distribution system in judicial practice.The problems existing in the judicial practice are further studied,and the practical difficulties in the actual operation of the participation distribution system and the fundamental reasons for these problems are also discussed.Fourthly,this part combines theory with practice,and puts forward some suggestions on the problems existing in the system of participation and distribution,so as to make full use of the function of the system of participation and distribution.