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

With the development of economy and society,China’s civil execution in the process of the implementation of the more difficult phenomenon is more prominent.As a part of the civil execution procedure,participation distribution system plays an important role in solving the difficulty of civil execution.In China,participation in distribution is not stipulated by legislation,but exists in the form of judicial interpretation formulated by the Supreme People’s Court.The system first appeared in1992 and has been gradually improved through judicial interpretations.When the debtor’s property appears insolvency,the creditor who has obtained the basis for execution may file an application to the court to participate in the distribution according to law.Its purpose is to allow multiple creditors to protect their creditor’s rights and let the court solve the problem of fair and equal settlement between multiple creditors through due process.At present,China’s participation in distribution system has been developed for nearly 30 years,can be said to have a set of mature framework system.To participate in the allocation system of the application of the subject,applicable conditions,relief procedures and so on have made provisions.But in the concrete application of the entity and procedure there are still deficiencies,such as the scope of the application of the subject,the application of the principle,the order of creditor’s rights to be repaid,relief and other aspects of the provisions are insufficient,there is a vague phenomenon in the actual application.At the same time,the participation distribution system was initially established in China because of the legislative defects of the bankruptcy system.Although the two applicable subjects are different,they both solve the problem of how to pay off the debtor’s property in the case of insolvency,which is likely to produce conflicts in the process of specific application.At present,China’s participatory distribution system still has some shortcomings,so it is urgent to supplement the relevant provisions of participatory distribution.To improve the problems existing in the entity aspect: it is necessary to expand the scope of applicable subjects to participate in the distribution,including creditors who have filed a lawsuit but have not obtained the basis for implementation into the scope of application subjects;The starting condition of participating in the allocation,namely,the identification of "insufficient to pay off all debts" needs to adopt subjective standards,such as the adoption of objective standards will indirectly increase the burden of creditors’ application;The group priority principle is taken as the applicable principle of China’s participation distribution system to avoid formal equality and neglect substantive equality.The settlement order of creditor’s rights should also be set according to group priority doctrine.In view of the existing problems in the procedure,we should improve: we should clarify the presiding court that participates in the distribution,so as to avoid the situation of simultaneous execution by courts in multiple places.In view of the debtor’s property situation,increase the court’s notice and inform obligation,so that other creditors can be informed of the debtor’s property situation in time;Set up an operable time node identification method;Perfecting its connection with the bankruptcy system;And to participate in the current distribution of the relief procedures of the shortcomings of the existing to perfect.