Researsh On The Distribution Order Of Civil Execution Funds In China

At present,in the judicial practice of the distribution of civil execution funds in China,there exists the problem of confusion in the order of distribution of execution funds.Due to the existence of this problem,there are many problems,such as the common objection to execution,the long distribution cycle of execution funds and the large consumption of judicial resources,which have brought many adverse effects to the court,the parties and the society.The purpose of this paper is to find out the reasons for the confusion of the distribution order of the execution funds,and put forward the corresponding solutions,so as to eliminate the adverse effects caused by the confusion of the distribution order of the execution funds,give full play to the positive role of the distribution system of the execution funds in China,and promote the effective realization of the legitimate rights and interests of the parties.In order to achieve the above purpose,this paper first makes an empirical study on the current distribution order system of civil execution funds in China from the two aspects of the distribution of civil execution funds in the participation distribution procedure and the distribution of civil execution funds in the non participation distribution procedure,and introduces the legal basis of the distribution order of civil execution funds in China and some controversial practical practices in judicial practice.Then,using value analysis,empirical research and other research methods,this paper analyzes the relevant legal basis and practice,and puts forward three main reasons for the distribution order of execution funds in China: lack of theoretical understanding,imperfect legal norms and irregular judicial practice.At the same time,in order to provide reference,this paper also introduces the relevant provisions of priority in foreign common law and civil law countries.Through the analysis of these Provisions,we can draw the following enlightenment: first,it is necessary to clearly stipulate the priority of labor claims;second,the setting of priority should be in line with the national conditions;third,the procedural law can also create or clarify the priority.Finally,in order to eliminate the existing problems in the distribution order of civil execution funds in China,this paper clarifies the distribution order of civil execution funds in China from three aspects: clarifying the principle of distribution order,improving the legal system and unifying the judicial act,and puts forward specific suggestions on the distribution order after clarification.The innovation of this paper is that although the research object of this paper is the civil execution money,the distribution order of the related creditor’s rights is not limited to the civil field,but the public law creditor’s rights objectively existing in the administrative and criminal fields are included at the same time,and the distribution order of the civil execution money is analyzed from a unified perspective,In response to the actual needs of judicial practice.At the same time,this paper analyzes the rationality of the priority of the right to subsistence,the priority of private law and the priority of principal.On the premise of fully considering the efficiency of execution,this paper puts forward a simple and applicable system of rules for the distribution of execution funds,including all claims,In order to provide a useful reference for the further improvement of the distribution order system of execution funds in the future.