On The Participation Distribution In The Civil Executive Program

Participation distribution in the civil executive program is a kind of program to distribute obligor's property while there is a petition for enforcement required by several claimants against one obligor. It is an important part of the civil execution. In market-oriented economy, economy relations are very intricate. When a obligor's assets is not enough to satisfy the liabilities, what should we do to treat all the creditors equitably in rules of procedure? That's a difficult problem. But our laws have many imperfect provisions. Reform is a systematic project. "What happens to a small part may affect the whole." We should deal well with relations of several institutions. The participation distribution system concerns a country's law tradition, value selection, legislative policy, coordination of systems and so on. The paper solves the above issues and is divided into four parts.Chapter one: Chinese participation distribution system's summary. This part mainly presents the function, the applicable condition, the procedure of our law.Chapter two: commentary of our system. We appraise our participation distribution system. It consists of subject, premise, the court's duty of informing, maintenance and increase of obligor's property, time of petition and the remedy for the obligor. We can find many defects in our system.Chapter three: the principles of legislation of the countries in the world. The author mainly analyses the priority distribution principle, the equal distribution principle and compulsory execution distribution principle. In our civil executive program, we adopt a different compulsory execution distribution principle. In a narrow sense, we adopt the equal distribution principle.Chapter four: the perfection of our participation distribution system. In this part, the author analyses the exterior function (it's relation with bankruptcy and sequestration) and interior function (remedial system). In the end, the author gives several advices to perfect our participation distribution system.