Research On Participation In Distribution In Civil Enforcement ——From The Perspective Of Three Cases

With the sustained and stable growth of China’s economy in recent years,social wealth has also increased rapidly,and the cases of payment of money accepted by the people’s courts have correspondingly shown an increasing trend.The continuous advancement and implementation of the socialist rule of law has made good progress in citizens’ legal education,and more and more citizens have legal awareness,which makes many successful litigants intend to safeguard their rights and interests by applying for compulsory execution.In judicial practice,there will often be cases where one debtor corresponds to multiple creditors.If the debtor lacks sufficient repayment ability,the court needs to consider how to fairly safeguard the rights and interests of multiple creditors and how to discharge creditors is more scientific and reasonable.At present our country civil procedure law did not make regulations to participate in the distribution system,with only a few judicial interpretation is not enough to support a variety of problems involved in distribution of cases in the judicial practice,the deficient legislation restricts the participation in distribution system can play its value in the judicial function,therefore,it is necessary to explore the improvement of the system in order to achieve the purpose of the system,Better solve the practice of multiple claims and the same debtor between the execution of the problem.In this paper,the existing problems in China’s distribution of participation as the research object,based on the analysis of judicial practice cases put forward suggestions to improve China’s distribution of participation system,in order to promote the improvement of the relevant judicial system.This paper expounds the application of participation distribution,priority of creditor’s rights in participation distribution,objections to the implementation of participation distribution scheme,and puts forward some problems existing in the current participation distribution system,and puts forward the author’s suggestions for improving China’s participation distribution system.This paper is mainly divided into three parts:Brief introduction of the case and summary of focus issues.As the breakthrough point,this article selects three representative cases from case,summarizes the problems still existing in current our country to participate in the distribution system,it is concluded that the research object of this article: namely,participate in the distribution condition of provisions shall be applicable to the unclear,participate in the distribution of special priority sequence of the creditor’s rights shall not,executive involved in allocation of dissent.This paper conducts a comprehensive and in-depth legal analysis on the controversial focus of induction.First of all,how to know the property status of the person subject to execution when the party applies for participation in distribution,and judge whether the property is insolvent so as to meet the starting conditions of participation in distribution;Analysis of the judicial practice of application to participate in the allocation of three kinds of cut-off time judgment;This paper discusses the scope of creditors applying for distribution.Secondly,the paper analyzes the reasons for the construction of the priority of distribution settlement and the identification and settlement of the priority of diligent creditors and special creditor’s rights.Finally,the author points out the main problems existing in the objection of distribution scheme,including the abuse of objection right and the examination and treatment of objection of distribution scheme.In view of the problems in legal analysis,some suggestions are put forward.For example,to establish and perfect the property publicity system of the subject subject;Make clear the identification of cut-off time for participation in allocation;Expand the scope of creditors who apply for civil execution to participate in distribution;To adjust the order in which various kinds of priority claims are repaid in the distribution procedures;Establish and improve the prevention and punishment mechanism,increase the legal responsibility of the abuse of objection right;We will strictly standardize the examination procedures and handling of court objections.Through the above suggestions to achieve fair compensation of creditors.