On The System Of Conciliation Of Execution

"Enforcement is the termination and fruit of the law". Whether giving full play to the functions of execution not only determines the realization of the parties' rights in a lawsuit, but also concerns the stability and coordination of the civil economic order and, the establishment of the judicial prestige. However, the functions of the enforcement procedure have been seriously impaired for a long time due to complicated factors of history and reality and the problem of difficult enforcement of judgments has become the dead hand of the existing legal system. The problem is a social syndrome. No doubt, the problem of difficult enforcement of judgment has been posed by various factors such as the lag of legislation, the weakness of judicial prestige, the handicap of regional protectionism and the lack of social credibility consciousness.It's a systems engineering to solve the problem of difficult enforcement of judgments and the way out lies in coordination, research and efforts in myriad ways. What those involved in enforcement work can do to enhance the effectiveness of enforcement is, from objective practice, to summary enforcement experience and to improve theories, the enrichment and development of which then can direct practicing. Observing the said philosophy and principles, we undertake an in-depth and profound analysis and study after a comprehensive survey on the system of conciliation of execution which is one of the basic systems of enforcement. In regard of the functions and deficiencies of conciliation agreement in enforcement practicing, this paper tries to summary practical experience and provides reference and lessons in terms of perfecting relevant theories and legislation of system of conciliation of enforcement.This paper is divided into four sections. The fist section introduces the present situation with regard to conciliation of enforcement in enforcement practice, the characteristics and functions of the system of conciliation of enforcement and, the role played by the people's court in the adoption of the system. The second section clarifies the basic framework of the system of conciliation of enforcement. Since practical puzzles come from blank incomprehension of theory, this section clarifies the basic framework of the system of conciliation of enforcement through arrangement of practical problems. The framework consists of basic principles of the system, characters of conciliations agreements, the sphere of application and the legal consequences of conciliation. To clarify the framework makes it easier to make a theoretical analysis of practical problems dealt with in Section Three of this paper. The third section makes a profound study on practical problems of the system of conciliation of execution. This section sums up relevant problems of conciliation in enforcement practicing and makes an in-depth analysis of these problems by consulting related legal provisions and some relevant theories on conciliation of execution. The last section provides legislative proposals on perfecting the system of conciliation of execution. In accordance to the previous discussion, this section brings forth specific legal proposals on perfecting China's system of conciliation of execution.