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On The Effect Of Civil Enforcement Agreement

Posted on:2016-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:T LiuFull Text:PDF
GTID:2206330461487770Subject:Law
Abstract/Summary:PDF Full Text Request
During the process of judicial practice, the enforcement of reconciliation is quite meaningful to ensure the judicial documents to be enforced effectively. However, as the key element in the institution of reconciliation, how to keep the reconciliation agreement enforce successfully become quite important. Nowadays, the regulations of current law are so blur that there is no uniform standard in dealing with disputes, and also the system to guarantee the enforcement is not perfect enough.When the disputes arise, the legal ways of remedy are not sufficient to protect the rights of parties in action. What is more, the existing provisions cannot realize the value of reconciliation.The essay starts with a typical law case, analyzing the current situation and problems of existing reconciliation system. Then the essay defines the nature of reconciliation agreement from legislative and practical aspects. And then based on that, it analyses the force of reconciliation agreement from three different views. Then it discusses the common problems in dealing with reconciliation disputes,and gives some solutions to solve them. Through analyzing practical problems in reconciliation disputes, the essay concludes the main obstacles in preventing the enforcement of reconciliation. And finally based on what we have discussed,the essay make some recommendations to improve the effectiveness of reconciliation, including building a protective system to ensure the enforcement of reconciliation, perfecting the system of legal remedy, and clarifying the legislative status of courts in reconciliation system.
Keywords/Search Tags:reconciliation agreement in judicial implement, effectiveness, the force of compulsory execution, civil contract, legal remedy
PDF Full Text Request
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