An Analysis Of The Jurisprudential Value Of Civil Enforcement

As the implementation of the settlement as a strong complement to enforce, is one of China’s current effective mitigation "difficulty in enforcement" measures. However, the implementation of the settlement is still in its infancy, the implementation of laws and regulations related to reconciliation are not perfect, which led to the implementation of the settlement can not really play to their capabilities, enforcement of a settlement will be the case because of a difference, showing a different implementation of the results. Currently, the implementation of reconciliation academic research focused on procedural theoretical perspective, few studies empirically considerations, resulting in the implementation of the real problems that we can not find the existence of a settlement can not explore the legal execution in the inherent value of the settlement. Through analysis can know, in the choice of enforcement and implementation of reconciliation is no absolute "good" and "bad", the two execution methods are an important way to maintain the present stage of the implementation of the order, from an economic point of view, various dispute resolution mechanisms like a market commodity, the parties will be the cost- which measure the angle of the proceeds preferable way to resolve disputes, more able to achieve their own best interests, so as to achieve the interests of selecting the optimal protection. Choose to enforce or execute a settlement is fully reflects the meaning of autonomy of the parties, through discussion can know, enforce a settlement agreement reached is not only not to deny effective legal instruments, but the better protection of the entry into force of the full implementation of legal instruments, talking about here is not just to achieve the implementation of the right to effective legal instruments, but also to achieve high efficiency configuration of the entire social resources, which is the gist of this article discusses. This article from the empirical point of view, through surveys G District A City People’s Court to perform judicial practice real case to present the real situation of the implementation process, the use of law and economics analysis paradigm to analyze the implementation of the settlement, the introduction of the reasons for the implementation of the settlement generated derived from the execution case execution inherent in the legal sense of reconciliation, to identify problems in the implementation of the settlement proposed measures to improve the maintenance of order execution.