Research On The Disposal Of The Conflict Between The First Seal Right And The Priority Creditor’s Rights In The Execution Procedure Of China

Article 56 of the Provisions of the Supreme People’s Court on Several Issues Concerning the Enforcement Work of the People’s Courts(hereinafter referred to as the Provisions on Enforcement Work)establishes the sole status of the court to first seize the property for disposal and distribution.With the increasing complexity of economic disputes,in judicial practice,multiple creditors have more and more money claims cases against a debtor.The first court of a specific property is often not the enforcement court that enjoys security rights such as mortgage rights and priority claims.In particular,after the Civil Procedure Law was revised in 2012,a new special procedure for realizing security rights was added,which shortened the trial time and accelerated the confirmation of security rights.The litigation process in the first court seriously delayed the payment of priority claims,resulting in In order to alleviate this conflict,since 2012,the Higher People’s Courts of many provinces have issued documents to resolve the conflict between the first right and the priority creditor’s right.For example,in 2015,the Shandong High Court promulgated the "Regulations on Several Issues Concerning the Handling of Disputes over the Disposal of Seizure Property by the Court of Prior Seizure and the Execution Court of Priority Repayment of Creditor’s Rights(Trial)" and other documents,which preliminarily resolved the first letter in the execution of monetary creditor’s rights within each province.Conflict between rights and priority claims.However,there are objective regional restrictions on the application of the normative documents of the provincial high courts in cross-provincial applications,and different disposal rules will conflict with each other in cross-provincial enforcement cases.The trial implementation of the documents in various places also demonstrated the effectiveness of various solutions,providing a reference for the formulation of judicial interpretations.In April 2016,the Supreme People’s Court’s Reply on Issues Concerning the Disposal of Seizure Property by the Supreme People’s Court and the Priority Debt Execution Court(hereinafter referred to as the "First Reply")came into effect."Short,smooth and fast" solution to the main problems in practice,from the determination rules of the property disposal court to the operation of the application transfer execution procedure to the construction of six small procedures such as the dispute resolution mechanism,can solve most of the first letters in practice.Conflict between rights and priority claims.However,due to the short space,there are defects in details in each procedure node.For example,the determination rules of the property disposal court need to be refined,the connection of the transfer procedure for business requests is not smooth,the initiation of the transfer procedure for business requests requires rigid guarantees,and the distribution of the remaining property The system is unreasonable,etc.Therefore,the purpose of this paper is to improve the rules for dealing with the conflict between the first title right and the priority creditor’s right in the whole enforcement procedure by analyzing the insufficiency of judicial interpretation.This article is mainly divided into the following three parts:The first part,through the overview of the disposal of the first seal right and the priority creditor’s right,firstly interprets the two concepts of "first seal right" and "priority creditor’s right",and reviews the occurrence of the first seal right and the priority creditor’s right from a historical perspective The reason for the conflict,which leads to the judicial policy of my country’s high court and the introduction of relevant foreign legislation.In the second part,by analyzing the "First Letter of Approval" currently in force and interpreting the conflict resolution mechanism constructed by it,find out the problems existing in each stage of the mechanism.The third part proposes targeted countermeasures according to the problems existing in each stage in practice,and improves the settlement rules for the conflict between the first seal right and the priority creditor’s right.