Research On The Participation And Distribution System Of Civil Executio

The participation in distribution system is an important component of the civil enforcement system and a supplement to the bankruptcy system.It can play an important role in alleviating the current problem of "difficult enforcement".In the process of execution,there are often cases where multiple creditors apply to execute the property of a debtor.Participating in the distribution system can enable creditors to obtain repayment,save execution costs,and improve execution efficiency.In June 2022,China publicly solicited opinions from the society on the draft of the Compulsory Enforcement Law,which includes relevant content on the participation distribution system.At present,China’s participation in distribution system is not perfect,and there are also some difficulties in practice.The article analyzes the basic issues of participating in the distribution system,defines the meaning of participating in the distribution system,analyzes the practical significance of participating in the distribution system,and draws on the excellent experience of participating in the distribution system abroad.Referring to the cases of China’s participation in the distribution system in judicial practice,this article summarizes the shortcomings of China’s participation in the distribution system in legislation and judicial practice.Considering that China’s personal bankruptcy system has initially met the conditions for introduction,this article proposes suggestions for improving China’s participation in the distribution system from the perspectives of substantive law,procedural law,and auxiliary aspects,in line with the future trend of establishing a personal bankruptcy system,To better safeguard the legitimate rights and interests of creditors by participating in the distribution system.