Research On The System Of Civil Execution Reconciliation

The civil execution reconciliation is one of important systems in execution procedure. The fact that it is described so brief in current code of civil law andrelative judicial explanation, leads to that theory disaccord with practice, disputes occur frequently. The text tries to make suggestions to perfect this system, so as to supply some references for legislation and practice.The first part analyses the notion of the execution reconciliation ,considers it should be a system in that parties negotiate willingly and equally, contract ,then end the imperative execution after court'examination. The text comparing execution reconciliation, court's mediation and litigant reconciliation, sums up components of execution reconciliation .The nature of contract decides effectiveness correctly, but how to determine its nature? The educational circles falls into four kinds of categories, private law theory, litigant behavior theory, two behavior's combination theory, one behavior two nature theory. The author accepts the last ,considers it is a legal behavior that have characters of both private law and litigant behavior.the text supports civil contracts can be execute, considers that make operation conveniently and will not violate power of sentence.The second part reviews legislation and practice status, and summarizes the success in application. Execution reconciliation has become a very important way to end cases. The text points out the problems and analyzes them. The legislation problems are: absence of regulation to censor and affirm contract, relief way single and unreasonable,absence safeguard regulation.The practice problems include:judge's wrong orientation,contrast between imperative execution and inactivity; reconciliation but no end case frequently ; the enforced transferring property and delaying enforcement by reconciliation,reconciliation phonily , prosecuting contract,release way simple and different, release without censor or no release. This way is unfit in that it violates principle of a affair can't be judged twice, dosen't accord with power of sentence.The third part puts forward perspective on way to perfect this system.whether to contract is decided by actor, but it dosen't imply that process can go without discipline ,but in certain frame, that contains:self-government principle,legal principle,credit principle. If not protected by proper procedure,actor's right may be hurt easily ,therefore ,the author calls for rebuilding of procedure that includes startup procedure,contract procedure,referring procedure,censor procedure. In order to ensure them to function well, the text try to set up match-system ,that are censoring system,safeguard system,punishing system.At last the text figures that neutral and just place the enforcement department stands,can lead actors to put forward the scheme,screen it, finally contract successfully.It is practised differently,so the author brings forward idea about regulation of enforcement department's power.Through analyse and argument above, the author in epilogue advances that the execution reconciliation is perfecting and developing gradually,as legislation progress,the execution reconciliation system will operate normatively.