The Research Of The Subject Of The Distribution And The Order Of Distribution In The System Of Participate In The Distribution

Participate in the distribution system is a system of civil enforcement proceedings, In order to solve a number of creditors against the same debtor and property assigned. Since the main range of the adjustment of China’s bankruptcy law is limited to corporate entities, Involved in the distribution system also plays a limited insufficient to make up our current bankruptcy law to adjust the main range. However, in the current legislative practice, involved in the system just by several judicial interpretation of the simple requirement, has resulted in a system that exposed many of the problems in the judicial practice. Therefore, the author attempts to conduct the inquiry by two problems exist apply for participation in the main distribution and the distribution order to participate in the distribution system in the process of our practice, And put forward some reasonable recommendations for solving the problems, So as to continuously improve our current participation in the distribution system.The total is divided into three parts:introduction, body and conclusion. Body part includes the following four parts:The first part is the overview of the participation distribution system. Through the introduction of China’s current legal requirements and scholars to participate in the distribution system different understanding of the system, put forward personal views to the system. According to the two main problems in the paper, focus on the body’s qualifications and the scope of application to participate in the distribution and the liquidation order of the creditors in the system of participate in the distribution, leads to the following two main issues to pave the way.The second part is the main scope of application to participate in the distribution. A lead to specific problems to apply the main range is currently involved in the distribution system through a case, and analysis the cause of the problem. The third part is the problem of the distribution sequence between the creditor bodies. Introduce the problem of the distribution sequence between the creditor body in currently, and introduces the principle of distribution is closely related to the distribution sequence, and from the principle of distribution in order to improve the distribution sequence in China to provide some reference.The fourth part is about a settlement of the problem of the allocation of the main issues and the allocation sequence. For the two main issues involved in the distribution system discussed in this article, to solve application to participate in the distribution of body by expand creditor range and improve the notification of claims procedures. To solve the problem of the distribution sequence of creditors by refines the types of creditors’liquidation order.