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On the Participation Distribution in the Civil Executive Program

Author: HuZhenYu
Tutor: QinWei
School: Shandong University
Course: Procedural Law
Keywords: Participate in the distribution The principle of equality Priority principle Go bankrupt
CLC: D925.1
Type: Master's thesis
Year: 2007
Downloads: 240
Quote: 1
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Abstract


Participate in the distribution system is to solve the problem more creditors on the debtor's property seeking to enforce how the distribution of the property of the debtor , it is an important part of the civilian implementation of the system . Market economic and social economic ties complicated when the property of the debtor is unable to repay all debt , how to ensure that each creditor is able to enjoy the fair treatment of the law from the point of view of the procedural law , this is a tricky question , and our legal provisions exist not careful at . The reform is a systematic project , \Solve the above problem , mainly from the following states: Chapter 1 : Overview of China's participation in the distribution system . This chapter from the function , the applicable conditions and procedures , a brief introduction to China 's participation in the distribution system . Chapter II : Analysis of China's participation in the distribution system . This chapter from the main body involved in the distribution system , the prerequisite for the court 's obligation to inform the debtor 's liability property maintenance and increase the application time, China 's participation in the distribution system . Relief and other aspects of the debtor , to find out our system design deficiencies . Chapter III : Civil Enforcement of the world taken legislative principles . This chapter analyzes the world to participate in the allocation taken the principle of equality , the principle of giving priority to compromise principle , and the principle of equality and the principle of giving priority to the controversy commentary , I think from the overall point of view , the principle of giving priority to the interest at more . As far as my country is concerned , from the entire civil procedures for the implementation of the distribution of property , China has adopted the principle of equality and the principle of giving priority to the coexistence of syncretism : from narrow participation allocation perspective , China has adopted the principle of egalitarianism . Chapter 4 : China 's participation in the distribution system perfect . This chapter analyzes the external operating mechanism involved in the distribution system ( participate in the distribution of the bankrupt , seal up the system ) and the internal operation mechanism ( relief system ) , and propose new ideas to reshape China 's participation in the distribution system .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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