Research On Civil Execution And Reconciliation System

Civil execution reconciliation is an important part of China’s enforce ment system.Currently, it has become a more common means of implement ation that can rapidly resolve disputes and maximize the legitimate interests of the parties. It corresponds to the trends of development and is an efficie nt method of society stabilization, as well as of conservation of judicial res ources.However, with the increase in proportion of mediations recently, the p roportion of execution reconciliation has declined. Apparently the function s of civil execution reconciliation are not fully accomplished. The reason is that the provisions on civil enforcement and settlement system in Civil Pro cedure Law are not flawless, while academic theories are not put into practi ce. This causes many problems in judicial practice and alsc influences peop le’s recognition of civil execution reconciliation severely.This paper will analyze and explore the sticking point of civil execution reconciliation system, from theory to practice, and find the key to solve the problem. First, the writer starts from the basic theory of civil execution reconciliation, and then analyzes the concept, nature, effect and practical significance of civil execution reconciliation one by one. Second, in order to explain the nature of civil execution reconciliation in detail, the writer makes a comparison among the relative concept, such civil execution reconciliation, enforcement and so on. Third, through making an explanation of the egislative situation of China’s civil execution reconciliation, the writer points out some defects of civil execution reconciliation system in the legislation and judicial explanation. And then, the writer deeply analyzes the causation of that situation, which will lay a solid foundation when putting forward to perfect the civil execution reconciliation system. Finally, through the above analysis, the writer has cleared the nature and enforcement of the civil execution reconciliation and the function and role of the courts (actuators). Besides, the writer puts forward several specific procedures in order to perfect the civil execution reconciliation, which can maximize the value of target and theoretical innovation. In the end, the writer focus on perfecting the legal remedy of civil execution reconciliation, which will give the standard of civil execution reconciliation system and make it to give full function.