Improvement On The Reconciliation System Of Civil Execution In China

Conciliation of execution, as one of important legal systems, is generated from the party automony and has a great influence on the execution procedure since the rights and duties determined by the legal documents have been changed after parties'consultation. Though reconciliation has been widely used in the court, there are still some shortcomings. Some problems will be pointed out and discussed in the paper and attention should be drawn to solve these problem as soon as possible.First, the author tries to explain the basic content of this system based on the legal rules of reconciliation, The relation between enforcement and reconciliation and the value of conciliation of execution will be pointed out.Secondly, after analysis of legal basis of reconciliation, three principles have been pointed out, namely party automony, disposability of procedural rights and honest and integrity. In essence reconciliation is a combination of public and private means.Thirdly, the practical problems in our contry will be pointed out through examples and the root causes will be analyzed: lacking of effective combination between private and public means in conciliation of execution.Finally, a proposal is made to improve the reconciliation system: based on the essence of conciliation execution, relief measures are to be improved, public rights set crieterion for the private rights and the judicial review of the reconciliation agreement should be strengthened so that the lawful rights and interests of the parties could be protected.The features of the paper:1. Based on the legal regulation of reconciliation in china, the value of the system has been analyzed abd the importance has been pointed out.2. focused on the law theory analysis, the basic three aspects have been illustrated and the essence of reconciliation has been pointed out.3. Not limited to the theoretical study, positivism method has been applied so that root cuases of the surrent problems have been analyzed.4. Aimed to improve the juridical pracitce, two proposals have been made: determination of efficiency of reconciliation and the strengthening of court role during the procedure.