On The Perfection Of China ’s Participation In The Distribution System

The inherent function of participating in distribution system is to solve the problem of execution competition between money and creditor rights,which is a pure civil execution system.But for a long time,the system of participation in distribution has played a complementary role in limited bankruptcy,and the participating distribution system has actually become a small "bankruptcy law".The participation distribution system played a positive role in making up for the deficiency of bankruptcy law in the early stage,but with the further development of our country’s economy and the continuous improvement of the legal system,this positive role gradually turned into a negative role,and became the root cause of alienation and confusion of the function of the participating distribution system.In the value pursuit,bankruptcy system focuses on pursuing fair value,while civil execution system focuses on pursuing efficiency value,while the confusion and alienation of participating distribution system directly lead to its "dilemma" in value pursuit.With the development of individual bankruptcy system in pilot areas,the debt settlement of individual and illegal organizations in the "insolvency" will be regulated by special legal system.The function of bankruptcy repayment in the distribution system will be abandoned and the inherent function will return.This paper first expounds the concept,characteristics,principles and other basic theories of the participating distribution system,and compares the participating distribution system with the bankruptcy system to define the extension of the participating distribution system;then,this paper discusses the legislative status of the participating distribution system in China from four aspects: the applicable conditions,the distribution principles,the applicable procedures and the relief system The paper analyzes the problems existing in the current system of participation distribution in China.Finally,this paper will give some suggestions on the improvement of the system based on the return of the inherent functions of the system.