Conduct Research On Substantive Law Issues In Participation Allocation

With the deepening of China's reform and opening up and the vigorous development of market economy,the economic activities between market subjects are increasingly frequent,the frequency of financing loans is increasing,and the number of debtors borrowing from creditors is increasing.It is common for multiple creditors to demand repayment from the same debtor.In this case,in order to better protect the legitimate rights and interests of creditors,so that the creditor's rights can be realized,the participation in distribution system came into being.Participating distribution system is one of the most important and complex systems in the execution procedure,which appeared in the opinions of the Supreme People's Court on Several Issues concerning the application of the civil procedure law in 1992 for more than 20 years.In the past 20 years,the participating distribution system has been revised and improved four times,which has played a certain role in solving practical problems,but it has not played the expected effect,and now it is put on the shelf.This will not only damage the judicial authority,but also lead to the unfair realization of some creditor's rights,seriously infringe on the rights and interests of creditors,and intensify social contradictions.Starting from the theoretical disputes and problems in judicial practice of participating in distribution,this paper discusses the basic theory of participating in distribution,the examples of participating in distribution justice and the thinking caused by it,the problems existing in the substantive law of participating in distribution,and puts forward some suggestions on the improvement of the substantive law of participating in distribution.On the one hand,it provides suggestions for the improvement of relevant judicial interpretation and laws,alleviates the lack of research on China's participation in the distribution system,and promotes the improvement of civil legal norms;On the other hand,it can protect the legitimate rights and interests of creditors,so that their rights can be fairly realized.