Reconstruction Of Participation In Distribution System In My Country’s Civil Enforcement

Participation in distribution has existed in civil enforcement procedures for many years and has played a huge role in alleviating the difficulty of enforcement.However,participation in distribution has been controversial due to lack of regulations and unclear boundaries with the bankruptcy system.Participation in the distribution system still has a lot of room for resolving the problem of execution of competition and cooperation,especially at the moment when the research on the personal bankruptcy system is accelerated.The function of the "quasi-bankruptcy system" participating in distribution can be replaced by the personal bankruptcy system,the participation distribution system can be returned to the execution procedure.Without the interference of bankruptcy system,participating in distribution can become an independent and efficient execution system.Therefore,this article wants to provide a new perspective for the study of participatory distribution system.The structure of this article is as follows:The first chapter mainly introduces the origin of participation in distribution,the concept of the system and the status quo of legislation.At the same time,it briefly explains the development of general bankruptcy in my country and the preliminary exploration of the personal bankruptcy system in my country.On this basis,it points out that participation in distribution.The system has the problem of excessive "bankruptcy";The second chapter mainly discusses the necessity of participating in the distribution system after the introduction of the personal bankruptcy system from the perspective of comparative law and the needs of domestic judicial practice.On the one hand,there are many precedents for the coexistence of the personal bankruptcy system and the participating distribution system in comparative law,and the functional positioning of the two is not the same,and the application of the system will not produce conflicts and contradictions;on the other hand,from the perspective of domestic judicial practice,bankruptcy There are inherent shortcomings in the operation of the system,and it may not be the best choice for creditors.Reserving participation in distribution can give creditors more choice.The third chapter is the focus of this article.It is mainly based on the general bankruptcy perspective to reconstruct and optimize the participating distribution requirements.The purpose is to correct the functional positioning of the participation distribution and the bankruptcy system and distinguish the procedural differences between the two.This article positions participation distribution as a pure execution system,so when constructing the system,execution efficiency is also the main value choice.Therefore,this article restricts the starting conditions for participation in distribution,expands the main body,and discusses the application and review of participation in distribution as much as possible from the perspective of improving execution efficiency.At the same time,by sorting out the differences in the procedures and requirements of the participating distribution and the bankruptcy system,clarifying the applicable boundaries of the two,and promoting the establishment of an independent execution system for participating in the distribution.The fourth chapter mainly introduces the relief mechanism involved in the distribution procedure,mainly including the distribution plan objection and the litigation of the distribution plan objection.And this article believes that the bankruptcy system,as the last line of defense to guarantee the equality of creditors’ rights,can also be used as a way for creditors to seek relief.Therefore,this article incorporates the "enforcement to break" system into the relief mechanism as a way of participating in distribution.At the end of the article is a summary of the main points of this article.It puts forward some personal suggestions on the adjustment of the system concept of participation in distribution,the reconstruction and optimization of applicable conditions,and hopes to contribute to the perfection of the system as much as possible.