Inspection And Improvement Of The Distribution System Of Civil Execution Participation

The debtor's existing assets are like a piece of "cheese".As a judge,it is especially important for the court to divide the "cheese".The umpire should try to explore and perfect the"cheese"distribution rules according to the problems encountered in the process of execution,so as to resolve the"cheese"competition among creditors.In order to fill the gap of"limited bankruptcy doctrine"and solve the problem that the creditors can be compensated equally when the non-legal entity is insolvent,the"cheese"distribution mechanism of participation in the execution procedure comes into being.But the legal basis of its establishment is only the judicial interpretation of the Supreme Court,which is not involved in the legislation.And the Supreme Court judicial interpretation to participate in the distribution between the regulations made by,there are conflicting and operational difference,causes in the judicial practice,can not effectively achieve the equity and efficiency of civil enforcement value,also cannot effectively make up for the defects of the system of"limited bankruptcy doctrine",the system's running far from reach when creating the desired effect,the unincorporated debtor creditor for court to be executed property distribution of the"cheese"there are many opinions.The root cause of the problems in the participatory distribution system lies in the dilemma between the efficiency first execution system and the fair bankruptcy system.The author thought that,only accurate positioning in the function of the distribution system and value,and on this basis,from the experience outside the bankruptcy system from the Angle of adapt to the development trend of legislation principles,legislation mode and participation to choose,under the existing system,to rethink its running model architecture,and to participate in the distribution system,to be perfect civil execution to break from the source to participate in the drawbacks of the existing distribution system.This article first introduces the origin and participate in the creation of distribution system principle,and through the basis of the existing participation in distribution of legislation in our country,combining with the author the Y courts the executive board processing data and typical case to participate in the distribution of the judicial practice,to participate in the distribution system has carried on the review and reflection,analysis of the current judicial practice problems involved in the distribution system and discusses the root cause of problems.Finally,from the perspective of the development trend of legislation and the reconstruction of the mode under the current system,this paper puts forward a tentative plan for the improvement of the participation distribution system,so as to provide reference for the improvement of the participation distribution system of civil execution in China.