Research On The Distribution Of Civil Execution Participation In China

The participatory distribution system is an important part of the civil compulsory execution procedure,and it is an important means for the court to solve the property shortage of the person subject to execution and pay off all the debts.Although our civil execution participation distribution system and individual execution procedure and bankruptcy system have similar places,there are significant differences between these three.The participatory distribution system originated from the compulsory execution procedure,but it has relative independence.It belongs to different kinds of property distribution methods of the person subject to execution,as well as the individual execution procedure and the bankruptcy procedure of general liquidation.Therefore,its main function should be to realize the liquidation of multiple monetary claims through the same execution procedure,so as to save litigation costs and improve efficiency.Then,creditors should be able to share equally the risks and losses of a debtor’s delay or default.Our country’s participation in the distribution system is divided into application procedure,distribution procedure and relief procedure.We should give priority to efficiency and give priority to fairness and support value orientation to debtor’s property in advance.By collecting the samples of the lawsuit judgment of the objection of the distribution scheme and combing and analyzing the focus of the dispute,it is found that the judicial practice often faces the dilemma of inconsistent application of law.For example,unclear initiation criteria and distribution principles of participation in distribution,inconsistent definition of the application time of participation in distribution procedures,irregular settlement sequence of various creditor’s rights and too sketchy relief mechanism of participation in distribution are not conducive to maintaining judicial credibility.The three typical non-territorial countries participating in the distribution system are Germany,Japan and Switzerland,which adopt the preferential settlement,equal settlement and group preferential settlement.China’s participation in the distribution system can learn from Germany’s system of seizure and pledge,and appropriately give more points to creditors who provide property clues and effective investigation and control.The distribution principle can learn from Switzerland’s system of group preferential liquidation,which not only guarantees the equal rights of all eligible creditors in the distribution procedure,but also improves the efficiency of the whole process.In order to improve our participation in the distribution system,we should apply the subjective standard to determine the insufficient payment of all debts,and adopt the principle of group priority distribution explicitly.Set up the announcement procedures of the enforcement court and the announcement period,and determine a clear time to participate in the allocation of applications.At the same time,support the priority of the first creditor in a certain range,and clarify the order of payment of various creditor’s rights in the distribution.The executive court should have the right to review the objection of the distribution plan in procedure and form,and examine the objection on procedural grounds and substantive grounds.