Study On Amicable Settlement System In Civil Enforcement Procedure

Enforcement amicable settlement system as a law system with Chinese character, is provided with the function of settling dispute thoroughly, solving the matter of hard to enforcement effectively, reducing the cost of enforcement and saving judicial resource. This article makes a full-scale research on actual enforcement system, after dealing with some basic relative theory on enforcement amicable settlement system, emphasizing on discussing the defect of enforcement amicable settlement system in legislation lay and matters exist in judicial practice, and putting forward some countermeasures and advices on how to amend and perfect actual enforcement amicable settlement system.This article is made up of preface, text, conclusion, and the text is divided into three parts.The preface discusses the necessity of this article, by introducing the value and function of enforcement amicable settlement system and the defects of actual enforcement amicable settlement system.The first part of test firstly makes a definition on enforcement amicable settlement, and then combining with relative rules to analyze the character and effect of enforcement amicable settlement, illustrating the function and justness basis of enforcement amicable settlement.The second part analyzes the legislation of our country's actual enforcement amicable settlement system and its judicial practice, pointing out the exhibition and root of defects that exist in actual enforcement amicable settlement system, making stepping-stones for next part to advance advices on perfecting the enforcement amicable settlement system.The third part emphasizes on advancing material conceiving of perfection of enforcement amicable settlement system. This part illustrates the ideas of perfecting the enforcement amicable settlement system from the aspects of legislative advice and optimizing of judicial system. Penmen firstly advances legislative advice on endowing some specific effects to enforcement amicable settlement agreement, secondly, from the aspect of optimizing of judicial system, considers that we should insist on respecting the parties' free will of reaching the amicable settlement agreement, and setting up scientific evaluation system on end a case in the field of enforcement amicable settlement, and bringing into play the judge' active role in favoring the enforcement amicable settlement, to make the enforcement amicable settlement system works well.The part of conclusion makes summarize to the article, and points out the main matters that are discussed in this article and the defects of the discussion.