The Study Of Participation In Distribution System In The Civil Execution Proceedings

As an important system in civil execution proceedings, participation in distribution is aimed to coordinate the relationship between efficiency of execution and equality of compensation. Participation in distribution provides a fair and orderly way for market entities who lack bankruptcy ability and their creditors on discharge of debts, effectively promoting the stability of the market economic order. All applicable clauses on participation in the distribution occur in judicial explanations, not laws yet. Although the Interpretations of the Supreme People’s Court on Application of the "Civil Procedural Law of the People’s Republic of China" has further clarified some provisions, such as the applicable elements of the system and means of remedy, due to the unclear function orientation of participation in the distribution system, many problems haven’t been aligned in judicial practice. Therefore by analyzing the issues encountered in practice, it is necessary for us to conduct a further research on the function orientation, clarify the applicable conditions and procedures as well as perfect the remedy procedure of the system. In this paper, based on the research of current legislation in our country, the author analyzed the concept, function and value orientation, conditions and requirements for proceedings. In order to make proposals on perfecting the system in China, the author also probed into several hot issues and different theories. In this paper, it is along this thinking:The first chapter of the paper is to summarize participation in distribution generally, solving "what is participation in distribution". In this part, the author introduces the concept and origin of participation in distribution system. With comparison in applicable laws and regulations of different foreign countries, the author analyzes the classification in legislation of the system.The second chapter is to clarify the function and value orientation of participation in distribution, solving "what is the aim of participate in the distribution". Based on analysis in the comparison and relationship between the system and bankruptcy, the author puts forward her views on the function and value of the system by comparing several theories in this part. The author will use concept analysis and difference analysis here to make her points more profound and intuitive.The third chapter is mainly to elaborate the applicable requirements for conditions and procedures of participation in distribution, solving "who is accessible to the system" and "how does it fare". By analyzing conditions on the elements of the system such as applicants, person subject to execution, valid claims and periods as well as specific proceedings, the author clarifies concepts and orientation, leading to discussion in the troubles and limitation of the system in next part.The fourth chapter is to expound some of the most controversial and important aspects of participation in the distribution, solving "how to perfect the system ". Therefore this part will be divided into five issues for discussion: a. Subject Qualification of the Applicant; b. the Period of the System; c. the Criteria of the Related Debt; d. Priority of Satisfaction; e. Remedies. Sort out the above problems and then enlightenment and reflection will be brought for setting up the most suitable participation in distribution system in China.The end of the paper is to threw out some advices by summarizing the above content including perfecting the requirements for qualification of the applicant and person subject to execution as well as the procedure and remedies of the system, based on the author’s hope to make a little contribution to improve our participation in distribution system.