On The System Of Civil Execution Reconciliation

Civil execution reconciliation is an important system in the area of civil enforcement. There are many advantages in the system such as low cost, high efficiency, simple procedure, in accordance with the concept of the current advocacy of a harmonious society and so on. The parties may reach an agreement in order to achieve a balance of each interest in the form of autonomy through this system. With the autonomy of the party expands continuously in court procedures as well as enforcement procedures, the civil execution reconciliation system is used in practice more and more widely, but because the theoretical study of civil execution reconciliation system in our country are relatively weak, The existing legislation on civil execution reconciliation system requirements are too simple, resulting in that the system cannot perform their proper function effectively in judicial practice. Therefore, there is great theoretical and practical meaning to regulate and reconstruct the civil execution reconciliation system so that we can make it institutional and rational. In this article, the author will elaborate the related theory of the civil execution reconciliation, and point out the problems in the related legislation and practice, then raise some recommendations to improve the civil execution reconciliation system.This article consists of four parts.By analyzing the relationship between the civil trial procedures and the civil procedure in the part of the introduction, then point out that enforcement procedure shows an important role in realizing our right, thus leads to civil execution the reconciliation system, The article points out that the system should be studied and improved by analyzing the advantages and weaknesses of the civil execution the reconciliation system.The first part is outlined the civil execution reconciliation system in our country. Reconciliation agreement is divided into general reconciliation agreement and special reconciliation agreement. I think that the civil execution reconciliation system is that the parties voluntarily negotiate, and make the right and obligations confirmed in Legal instruments to achieve agreement and take legal effect in the enforcement procedure. Civil execution reconciliation system is used to achieve the privacy autonomy, lower costs, as well as to ease the confrontation between the parties and "the difficulty in enforcement procedure".The second part is the theoretical analysis of the civil execution reconciliation system in our country. The author thinks that civil execution reconciliation system is based on the private self-government right and the legal basis of the principle of main procedures. Civil execution reconciliation system is not only private autonomy, but also procedure law, and it belongs to action reconciliation. Since then, the author analyzes the elements of civil execution reconciliation which make the system take legal effect, and the legal effectiveness of the civil execution reconciliation system in the entities and the procedure of the law, as well as a simple introduction on the extra-territorial effect of the Civil execution reconciliation.The third part is the analysis of the problems of the civil execution reconciliation system in our country. I think that civil execution reconciliation system has existed the following problems: the contradiction in the concept of execution reconciliation; the role of the courts being not clear; the provision that "has fulfilled its part should be deducted from" being not reasonable; guarantee the effectiveness of execution reconciliation being uncertainty, as well as the relief mechanism of execution reconciliation being not perfect.The fourth part is to perfect civil execution reconciliation system in our country, It is the focus of this article. In my opinion, clear from the role of the court in civil execution reconciliation and adhere to the voluntary principle to strengthen voluntary reconciliation; We should clear that the civil execution reconciliation is private autonomy, but also procedure law, and give civil execution reconciliation system substantive law and procedure law effect; We should rationally allocate the civil rights, and divide them into the enforcement of jurisdiction power, the enforcement of the command power and the implementation of the enforcement power, thereby improve the relief mechanism of civil execution reconciliation system.From the above analysis, the author repeats the problem of the civil execution reconciliation system and how to improve the existence of the problem in conclusion part, points out that civil execution reconciliation system in our country is continuous developing and being improved, with the improvement in related legislation, the civil execution reconciliation system will be operated on the normal track, the system will also demonstrate its nature.