Civil Enforcement Of A Settlement On The Legal System

Enforcement of a settlement system in line with China's nationalconditions is an important legal system is the principle of party autonomy in the field of the expansion. Enforcement of a settlement with its respect for the wishes of the parties, flexible and convenient means of implementation, dispute resolution for a thorough and effective to resolve the current face of "the implementation of difficult," the social focal point of great theoretical value and practical value. By theorists theory for the enforcement of a settlement is not perfect, there are few more mature foreign theories can learn from research and practice, leading to the implementation of existing legislation on reconciliation system provides simple, so that in judicial practice, there were many problems. To this end, the author from basic theory to the judicial practice of civil enforcement of a settlement conducted a comprehensive analysis of the system, analyzed the existing problems, and then made a perfect system of civilian implementation of the concept of reconciliation.This article consists of three parts.Preamble faced by the current "implementation difficult" to start the social focus, raises the value of the implementation of the existing settlement system, the proposed study and the need to improve the enforcement of a settlement system.The first chapter is the value of the civil enforcement of a settlement system for analysis. The concept of enforcement of a settlement system from the beginning to analyze the enforcement of a settlement of the classification, properties and effect, the focus of the enforcement of a settlement system value. The second chapter is the status of the civil enforcement of a settlement system and problems of assessment visits. The author of this part of the civil enforcement of a settlement system from the status of legislation and judicial practice, analysis of two aspects, to submit their problems and their causes, for the next part of the proposed ideas improve the enforcement of a settlement system was foreshadowing.The third chapter is the focus of this article, through analysis of the aforementioned theory and judicial practice, the author proposes a sound system of civilian implementation of the concept of reconciliation. This chapter Zhendui current legislation and practice problems, the author of their own practice, the judge proposed to implement an appropriate building in the implementation of the settlement, while giving the implementation of the settlement agreement and the effectiveness of the civil contract recognized by the court after the execution of justice, and improve relevant relief measures the overall vision.Demonstrated by the above analysis, the authors summarize the conclusion part of the text, that with the constant improvement of legislation, our country will eventually achieving the standard execution reconciliation run, to play its proper functions, to achieve their system design goals.