Research On The Improvement Of The Pacification System On Enforcement Of Civil Cases In Our Country

The enforcement of judgments has always been a difficult task for the courts, and a focus of people's attention in the society. In order to constructure a harmonious society, and to unify the judicial and social outcomes of the executions of the judgments of the courts, it is required that the case should be terminated as soon as possible after the judgment is made. To reach pacification during the enforcement procedures has become more and more important for the courts because of its unique function of settling the conflicts. And because of the many defects that exist in the current system of pacification on enforcement, and because of the many problems in the practice of law, caused by these defects, that have greatly limited the function of the pacification on the enforcement, it has become very necessary to improve and perfect the system.This thesis has three parts:Part One is the basic theories about the pacification on enforcement. Through the analysis of the definition, components, and comparison of relevant concepts, of the pacification on enforcement, the thesis has clearly explained the mutual nature of both the private laws action and litigation action that the pacification on enforcement owns, and has explained that the procedures of the pacification on enforcement are justified, based on the respect for the intentions of the parties concerned, the need to ease the difficulties in the enforcement, and the trend of contractualization of the public laws.Part Two examines the defects and practices of the pacification on enforcement of the civil cases of our country. Firstly, the thesis has made brief introduction and comments about the legislation of the civil cases'pacification on enforcement of our country. Then it emphasizes that the main defects of the current legislatin include the ambiguity of the efficacy of the pacification agreement and the ambiguity of the status of the courts, which have limited the efficacy function of the pacification on enforcement, the existing controversy of the relevant rules, which has caused the confusion in the judicial practices, and the extreme narrowing of the relief channels, which has caused insufficient protection of the creditors'interests.Part Three has the proposition about the improvement of the pacification procedures on enforcement. It proposes the recon structuring of the efficacy of the pacification agreement, which will grant the pacification agreements the efficacy of the civil agreements so they become actionable, the reinforcement of the status of the courts during the pacification on enforcement so the courts can properly intervene the pacification to carry out their duties of supervision, and the clarification of the related judicial rules concerning the pacification on enforcement to eliminate the confusion existing in the practices. Based on the proposition, the thesis offered many relief approaches in pacification on enforcement...