On The Civil Enforcement Of A Settlement

The fundamental of the program is to achieve justice in civil rights and obligations established, and in my States the implementation has become a serious problem can not be ignored, directly against the national judicial authority. Inheritance of a harmonious social thought in ancient China the emergence of the implementation of the settlement, with its unique approach, in practice the implementation plays an active role in dispute settlement, but due to lack of theoretical arguments and the institutional framework , the existing laws provides not only failed to function in the implementation of reconciliation play a catalytic role to play, but given the lack of specification provides a breeding ground for illegal activities.Enforcement of a settlement is in the implementation process, the parties to consult on the implementation of the subject and voluntary agreement, the People Court for examination and approval to end the execution of a behavior. As an important way for the implementation of civil, it resolving the difficult issue of implementation has played a big role, but due to the imperfections of the system, there are many defects in practice to be further improved. Civil judgments or other legal instrument enters into force, regardless of whether the parties satisfied that the legal instruments, they should be actively implemented. But in real life, for profit and avoid loss of the psychological, the losing party refuses or obligation to fulfill their legal obligations established by the instrument can often see the phenomenon, so the emergence of the difficulty in enforcement is a common phenomenon.At present the process of rule law have long way to go, and Enforce the Law difficult process of rule of law has become a huge obstacle. From the social and legal systems difficulty in enforcement not only the result of defects in the system but also various social factors are the reasons for restricting the efficiency of the civil. System of civil enforcement of a settlement intended to use all possible forces for the implementation of civil cases to provide possible way and to achieve the efficiency and stability of social relations, a win-win. Therefore, improve the civil enforcement of a settlement system is conducive to the rapid realization of the implementation of the rights of creditors, but also conducive to social harmony, stability is solve the implementation of difficult problems can not be ignored effective way for purposes of this article is also here.Actual operating conditions for the implementation of reconciliation is the foundation of this writing, and summarizes the operation in practice is feasible and the implementation of reconciliation inadequacies pointed out the direction for the theory. Firstly, the start with the basic theoretical research, demonstration enforcement of a settlement system in the process of building the economy should be reflected in action, distributive justice and other legal concepts, to be followed by the judge to limit the discretion of the basic principles of honesty and trustworthiness; The implementation of the settlement agreement from the contractual nature of the special litigation proceeding the way of reconciliation through the implementation of institutionalized forms of implementation and effectiveness of the settlement agreement, the implementation of reconciliation of the parties the right of unstable defense and third parties in the implementation of relief and reconciliation procedures, etc. Construction of the system of enforcement of a settlement system. Reconciliation in the implementation of the various parts of the harmonization, coordination and optimization of this article seeks to achieve, in order to regulate the practice of reconciliation and implementation of positive significance to play the system function.