执行财产分配问题研究

On Distribution of Properties under Enforcement

执行财产分配问题的探讨有助于执行难的解决。从世界范围来看,主要有优先主义、平等主义和折衷主义也就是团体优先主义的立法例。各种立法所追求的是公正和效率的最优结合,既要保障各个在实体法上平等的债权公平受偿,也要提高执行效率。我国应该实行优先主义的分配原则,目前的相关法规也体现了这一趋向。

The discussion about distribution of properties under enforcement shall help to alleviate difficulty in execution. There are mainly three kinds of legislation about properties' distribution in the world, including Priority Doctrine、Equal Doctrine and Compromise Doctrine. What all these legistations pursue is the optimal integration of justice and efficiency. That is to say, give all creditors an equal opportunity to get payment, and improve the efficiency in the procedure at the same time. Our nation should adopt Priority Doctrine, which has been embodied in our current codes and policies.