On Participating In Distribution System In Civil Execution Procedure

The life of the law lies in its implementation.The difficulty of implementation is the national situation that needs to be resolved urgently in the current process of rule of law in China.Zhou Qiang,President of the Supreme People 's Court,stated in the report of the court work at the 12th National People's Congress,It will take two to three years to solve the problem of difficult implementation basically and break the last barrier to achieve fairness and justice.With the rapid development of the market economy,the trading relationship between market entities has become increasingly diversified and complicated,It has become normal for a debt-to-debt relationship to occur between the same debtor and multiple creditors,Participation in the distribution system plays an increasingly important role in the civil enforcement procedures.However,China's regulations on participation in the distribution system have not been formally entered into law,they are scattered in various judicial interpretations.Morever,there are not many relevant provisions.The guidance and operability of specific refinement in judicial practice are limited,and need to be supplemented and improved according to current development needs.On the basis of reviewing relevant literature and materials and combined with his own experiences in the field of judicial grassroots execution,I will study and discuss the participation distribution system in China's civil execution procedures.This thesis is divided into four chapters:Chapter One:An overview of the participation distribution system in civil execution procedures.By tracing the origin,development and functional positioning of the participating distribution system,we can fully understand the value pursuit of the participating distribution system.Chapter Two:The legislation status of China's Participation in Distribution System.By analyzing the contents and characteristics of China's participation in the distribution system,I can grasp the application of the participation in the judicial practice accurately.Chapter Three:The problems and deficiencies in the judicial practice of China's participation in the distribution system.I will discuss the flaws in the key contents such as the application time,recognition criteria,and distribution principles for participating in the distribution system,and seek solutions.Chapter Four:Suggestions for improving the participation in the distribution system in civil execution procedures of our country.According to judicial practice,starting from the procedure setting and entity distribution,and refine the participation distribution system to provide suggestions for building a long term mechanism of participation distribution system.Based on these analyses and researches,I hoped that the defects and deficiencies in the participation and distribution system in China's current enforcement procedures will be improved,so as to solve the difficulties in implementation and ensure the stable and healthy operation of the economy and society.