Research On The Distribution System Of Civil Execution Participation

At present,China has entered a new era and is on the march towards the second centenary goal.The cause of the rule of law is also steadily advancing.Civil enforcement is an extremely important undertaking in the field of the rule of law.Although China has basically solved the problem of enforcement difficulties,the problem of enforcement difficulties in practice has always troubled all parties.In addition to the difficulty of finding the person to be executed,the difficulty of property inspection,and the difficulty of separation,there is also the difficulty of distribution.The difficulty of distribution is due to the ambiguity or lack of legal provisions in relevant fields.The courts in all regions of the country can only deal with it according to their own actual situation,resulting in different courts’ different order of distribution of property and different relief procedures for dissent.The study of the participation distribution system not only provides the legal basis for the implementation,but also makes the implementation more standardized and standardized,which not only improves the implementation efficiency,but also helps to maintain social stability.This article is completed by the author on the basis of consulting the websites such as Peking University’s magic weapon,CNKI and the legal information platform,consulting relevant articles abroad,comparing domestic and foreign practices,and analyzing relevant cases,combining with the author’s own implementation experience.How to distribute the execution property,of course,should be operated in accordance with the relevant provisions of China’s judicial interpretation.According to the relevant regulations,the implementation participation distribution system is a system in which the property of the unincorporated organization or natural person who is the person to be enforced is not enough to pay off all the debts,and the property of the person to be enforced or the property of the person to be enforced controlled is distributed among the creditors who apply for participating in the distribution.It complements and interacts with the bankruptcy system,which is basically the same as the function of the bankruptcy system in essence,but also has great differences.Its main purpose is to realize the rights and interests of creditors in what way.China’s participation in distribution system has not risen to the legal level,and is only regulated in judicial interpretation.However,in June 2022,the Civil Enforcement Law of the People’s Republic of China(Draft)was formally submitted to the Standing Committee of the National People’s Congress for deliberation.The draft is to regulate the participation distribution system at the legal level.This thesis analyzes the current provisions of the participation distribution system in China,introduces some legislative status in relevant fields abroad,and combines the current practice in judicial practice,finds out the problems and shortcomings of the participation distribution system through comparison,analyzes the reasons,and puts forward suggestions.This article is divided into four parts.The first part is the relevant overview of the participating distribution system,the second part is the current situation of China’s participating distribution system,the third part is the problems of China’s participating distribution system,and the fourth part is the opinions and suggestions on the improvement of China’s participating distribution system.In the process of writing,the author combined the relevant theoretical views at home and abroad,judicial practice experience and different practices of various courts.I hope to provide some theoretical thinking for the research of civil execution participation distribution system through the elaboration of this article.The participating distribution system and the bankruptcy system complement and interact with each other.The bankruptcy system seeks to ensure the equality of all creditors’ rights and pursues fair value.The participating distribution system should pursue efficiency value,aiming at realizing the rights and interests of creditors as soon as possible.If it meets the bankruptcy conditions,it should go through bankruptcy procedures.Therefore,participation in distribution should be based on the principle of giving priority to efficiency and giving consideration to fairness.