Function Adjustment And Institutional Reconstruction Of Executive Participation In Distribution Under The Basis Of General Bankruptcy

With the gradual implementation of the personal bankruptcy system,the bankruptcy legislation theory has also changed,that is,from the limited bankruptcy system to the general bankruptcy system.In this context,participation in the distribution procedure must return to its original position,that is,the civil enforcement procedure that helps creditors realize their claims,rather than a substitute for bankruptcy procedures.The function of participating in the distribution program has been reconsidered and returned to its legal origins.The practical problems arising from the misplacement of the participating distribution program have also been solved with the adjustment of the positioning of the participating distribution program.Based on saving litigation resources,reflecting the procedural characteristics of the Civil Procedure Law,and the legal value of the procedural law itself,it can effectively integrate the bankruptcy procedures of market failure,reduce the burden of execution procedures,and at the same time consider the national conditions of our country,to participate in the allocation procedure selection priority Bankruptcy is better.Due to the adjustment of the positioning of the participation allocation procedure,its theoretical basis and application conditions also need to be re-integrated,and new standards are also urgently needed in terms of judicial application requirements.Therefore,it should be carried out based on the functional adjustment of participation in the distribution procedure under the basis of general bankruptcyism,and the value orientation change from fairness priority to efficiency priority should be discussed simultaneously.In addition,this paper compares the pros and cons of extraterritorial legislation on distribution principles,and draws out the realistic choice of "general bankruptcy +priority principle" in combination with my country’s national conditions,which provides a direction for the institutional reconstruction of participation in distribution procedures.First of all,it mainly expounds the institutional background and legislative purpose of my country’s participation in the distribution process,and predicts and chooses its future development direction.Secondly,by comparing the functional positioning of participation in distribution under the basis of current limited bankruptcyism and the functional positioning of general bankruptcyism,it reveals the functional positioning advantage of returning to the legislative purpose after the adjustment of the function of participation in distribution.Finally,it re-selects the distribution principle legislative example that participates in the distribution process,which leads to the reconstruction of the applicable requirements.Both the macro level and the micro level provide direction for the future direction of the participation allocation process.To sum up,through the function selection,value orientation reconstruction,application principle selection and application requirements implementation of participation in the distribution process,function adjustment and system reconstruction are carried out.The current participatory distribution system is reshaped,and a new participatory distribution procedure suitable for the basis of general bankruptcyism is constructed.