On The Perfection Of Compromising System In Executive Procedures

The executive compromising system is a great part of executive systems in China, it shows the relativity, and it is harmony, which is one of the compulsory execution law's characteristics. But there arise much controversy both in theories and practices, because the regulations are not so perfect on the civil procedure law and the judiciary interpretation on the law.This paper is going to make a complete criticism on the compromise in the executive procedures. On the basis of analyzing the malpractices of available compromising system in executive procedures, discussing the location of executive compromising agreement and its nature, the writer clearly stated that we should endow the law virtue of being forcibly executed to the executive compromising agreement, and perfect the principles, the prerequisites, the recovering execution, and the constituents of it. It is emphasized that we should set up the system of executive judges' complete examination on the compromising agreements. It is also stated that only those compromising agreements which are corresponding to the compromising conditions, examined by the executive judges and confirmed in the form of documents have the law virtue of forcible execution. Recovering the execution should be based on the compromising agreements. Otherwise, the other compromising agreements have no law virtue due to the imperfect conditions. The only basis of recovering execution is the originally valid law documents.