On The Implementation Of Reconciliation System

The execution reconciliation plays more important role in the enforcement，whichpromotes two parties to perform voluntarily. Meanwhile, it reflects the convenientand economical characteristics, which eases the contradiction of the parties andmaintains social stability. However, there are some problems. Firstly, there is a lack ofcommon understanding of the nature of reconciliation on the theory aspect and thejudiciary aspect. Secondly, some courts fail to supervise the fulfillment of thesettlement. Therefore, some of debtors hide property or escape execution byexploiting reconciliation, which affects the interests of creditors. Finally, becausethere is a lack of regulations of the right of appeal of the creditor and the debtor, theremedy is single.For these practical problems, there are some solutions. Firstly, we need acomprehensive understanding of the basic theory of the execution reconciliation.There are four main views about nature of reconciliation. Based on the analysis of thevarious theories, the writer is in favor of the point of a behavior which involves twoproperties. There are mainly three views about the relationship of reconciliationcontract and legal instruments. Based on the analysis of the various theories, thewriter is in favor of the view about the relationship of ends and means. Secondly, thepaper introduces regulations about the settlement, such as common law, civil law, theprovisions of the Taiwan region, and promotes that we need to improve contents inlegislation. Again, the paper describes approaches of six reconciliation problems. Lastbut not least, the paper presents two legislative proposals. One is to give legal force toexecution reconciliation, and the other is reconciliation suability.