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On the participation of civil execution distribution system

Author: XuJun
Tutor: YangZuoZuo
School: Zhejiang University of Technology
Course: Procedural Law
Keywords: Civil Execution Proceeding Participate in the distribution General Bankrupt Doctrine Priority Principle
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 82
Quote: 1
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Abstract


System of participation is a very important system in the distributionin civil enforcement procedure Generally, It is a form of execution ofcompeting, and competing with the implementation of the problem isresolved one way. From the creditor’s perspective, bankruptcy proceduresand enforcement procedures play an equally important role, as a civilenforcement proceedings and bankruptcy proceedings were settled andthe general satisfaction of individual commitment to the function.Therefore, the implementation of the program as a civil bankruptcysystem with less emphasis on priority Since China adopted the currentlimited Bankruptcy insolvency legislation, so our participation in theestablishment of the distribution system are designed mainly to make upfor lack of the Scope of Bankruptcy. This also resulted in our legislationand insufficient attention to the distribution system, only in the judicialinterpretation of the provisions made in simple, direct result of poorimplementation of operational practice. Current civil implementation ofthe property distribution is not fully reflect either the enforcementprocedures are fair, efficient value target, nor competent to make up forthe limited task of Bankruptcy vulnerability. With the gradualestablishment of China’s credit system and the deepening of understanding of bankruptcy system functions, our bankruptcy systemwill gradually become the general Bankruptcy, civic and otherorganizations of illegal people into the bankruptcy law, adjustment range.By then, the existing distribution system in the burden of carrying alongwith removable will participate in the distribution system will face newchallenges. Therefore, this article from the concepts involved in thedistribution system, the value of functional orientation, components andprocesses, distribution and other aspects, a comprehensive assessment ofthe involvement of our existing distribution system, distribution systemof our current participation in the improvement suggestions and GeneralBankruptcy under the concept of the legislative background of thedistribution system in China were involved in reconstruction.This paper is divided into three parts as introduction, the body andconclusion. This paper discussed the system of participation indistribution from four issues:Chapter one: Chinese participation distribution system’ssummary.Participate in the distribution system from that part of theconcept of positioning in terms of value function participate in thedistribution system in the macro study, participation in the distributionsystem by clarifying the relationship with the bankruptcy system, a clearlegislative system in China in both value function of orientationdifference: bankruptcy system Focus on debt equity function, the only value the principle of equity goals; and as a distribution system in theimplementation of the program focus on the realization of functions ofindividual claims, reflecting the efficiency of priority. So as to participatein the distribution system in China following the adjustment and reformproposals and the design for the reconstruction of theoretical guidance.Chapter two: Participate in the content distribution system ofassessment. The part of the first from China to participate in thedistribution system conditions and application procedures for two aspectsinvolved in the content distribution system, and secondly, from thedistribution of the main applications for participation, provided, theapplication period, the debtor is the responsibility of propertymaintenance and management, and participate in the distribution of Reliefprogram in the five aspects of the existing content distribution systemassessment, that China’s participation in the distribution system in theoryand judicial practice problems involved in the distribution system for theadjustment and reform for bedding.Chapter three: Participation in the civil enforcement distribution.The part of the first world countries and regions through the introductionof civil implementation of the property legislation of the differentdistribution and following the assessment, made in the civil enforcementprocedures or the use of the principle of equal priority principle, to have iton a country or region throughout the legal system point of view, combined with its policy of a certain period of legislation, while alsotaking into account the relevant legal system with the cooperation andcoordination. Analysis then participate in the distribution of our currentlegislative status of the principle, distinguish between the civilianimplementation of the principle of distribution of property andparticipation in distribution, on the one hand confirmed the participationof the current distribution into account our current legal system ofcoordination and unity, can better reflect the value of civilianimplementation of a combination of equity and efficiency. On the otherhand there is the principle proposed by the existing law on thedistribution of the imbalance, not only inconsistent with the basicprinciples of law enforcement, and contradictions in the implementationof practice have arisen.Chapter four: Participate in the Distribution System in China. First,the implementation of practical experience in our country, in the patternof existing legislation put forward in participating in four-pointdistribution system improvement recommendations. Second, the proposedbankruptcy legislation in the mining idea mining General Bankruptcyunder the value function from the orientation, content and distributionprinciples and procedures involved in these three areas werereconstructed distribution system, giving a new value in the distributionsystem and content.

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