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On The Implementation Of Reconciliation

Posted on:2011-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:D Y ZhangFull Text:PDF
GTID:2206330335497299Subject:Law
Abstract/Summary:PDF Full Text Request
The importance of Civil execution reconciliation has been recognized by more and more people. But due to the differences between the legal nature and legal validity of the civil execution reconciliation, our existing system of execution reconciliation run in the opposite direction of what it is with its original intention. In the article, the author will elaborate the theory of civil execution reconciliation and point out the problem in related legislation and practice, and then raise some recommendation to improve the civil execution reconciliation.The article consists of five parts:In first part, by analyzing the definition of execution reconciliation in academic world, find its commonness, raise the clear definition of execution reconciliation and then differentiate and analyze the similar concept of execution reconciliation and finally find the value of civil execution reconciliation in practice to lay a strong foundation of rediscover of civil execution reconciliation.In second part, by comparing the regulation under two geneology of law, make a clear definition of the commonness of civil execution reconciliation overseas.In third part, by concluding and analyzing the differences of the nature and the validity of civil execution reconciliation, to raise a conclusion that civil execution reconciliation is a kind of civil litigation contract with binding effect and implementation capacity and civil execution reconciliation have the right to finalize the original execution procedure. This part is preparation for the following part:to prefect the existing system of civil execution reconciliation in our country.In forth part, by analyzing the existing system of civil execution reconciliation in our country, reflect some deficiencies in our existing system.The fifth part is to raise my personnel idea for the value and how to perfect the civil execution reconciliation and to raise some recommendation for the existing system in our country.
Keywords/Search Tags:civil execution reconciliation, nature, civil litigation contract, effect, perfect
PDF Full Text Request
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