Research On Participation In Distribution System Of Civil Execution Procedure

With the development of our society and economy,the frequent economic activities between civil subjects have brought about a large number of dispute cases,and "difficulty in execution" has become an urgent problem.The current bankruptcy system of our country adopts limited bankruptcy,which solves the problem of debt concurrence of enterprise legal person,but when the debt concurrence of non-enterprise legal person is encountered in the execution procedure,the bankruptcy system is useless.In order to better solve the problem of debt competition and cooperation of non-enterprise legal persons,the participatory distribution system arises at the historic moment so that creditors can apply for participation in distribution and get equal compensation under certain conditions.At present,China’s participatory distribution system is only regulated by judicial interpretation,and has not yet risen to the legal level.Therefore,the academic and practical circles have conducted a large number of studies on this system,and obtained a large number of valuable research results.From the perspective of theory and practice,this paper makes a comprehensive analysis of China’s participatory distribution system,including the comparative analysis of theories from different schools and different practices in judicial practice.This paper is mainly composed of three parts: preface,text and conclusion,among which the text discusses from five aspects.The first part is an overview of the participatory distribution system.This part takes the connotation and origin of the participation distribution system as the starting point,elaborates the value function of this system in detail,and then carries on the comparative analysis with the relevant system,and establishes the basic point of view of the paper.The second part analyzes the present situation of participation distribution.This part mainly analyzes the applicable conditions and procedures of the system of participation in civil execution procedures in China.The former mainly analyzes the scope of creditors and debtors,the application period,the attribute of creditor’s rights,the substantive conditions and so on,while the latter divides the procedure into four stages: application,participation,relief and "holding and breaking".The third part,the existing problems.Through the analysis of the present situation,the problems of the system are summarized,and the provisions of the current judicial interpretation are refuted from the perspective of practice.The main problems are unclear applicable conditions and standards,unconstructed announcement system,relief of objection and the procedure of "holding and breaking" need to be perfected.The fourth part,perfect suggestion.Through the analysis of the problems raised in the fourth part,the author puts forward the corresponding improvement measures from the perspective of judicial practice.