Study Of The System Of Participation In Distribution Of Civil Execution

The difficulty of civil execution has troubled judicial officers and the parties of execution and has been paid great attention to by all walks of the society in China for a long time.Being an important part of the procedures for civil execution,the system of participation in distribution of civil execution guarantees that a lot of creditors can be fairly repaid when natural persons and other organizations are insolvent.At present,the institutional framework which includes the subjects of participation,the time of application,the sequence of distribution,and the procedures for remedy has been initially established and has an independent value under the current legislative background in our country.However,there are some problems existing in the system of participation in distribution of civil execution,such as the limited scope of the subjects of participation in distribution,the indefinite time nodes,the uncertain sequence for being repaid,the unified standards for being unable to repay,and the imperfect procedures for remedy,etc.Therefore,the legal hierarchy of the system of participation in distribution of civil execution must be raised;the scope for the subjects of application should be expanded;the standards for determining being unable to repay debt subjectively should be defined;the sequence for being repaid in distribution should be determined reasonably;and corresponding measures for remedy should be added.Meanwhile,the procedures for the court's notification and the principle of the eclecticism doctrine should be established and improved as the relevant systems of that of participation in distribution of civil execution.The study of the system of participation in distribution of civil execution is helpful to maintain the unity of judiciary and judicial authority.In addition,it is helpful to protect the lawful rights and interests of other creditors better,and to provide smooth channels for natural persons and other organizations to withdraw from the market in order.