On The Implementation Of Reconciliation

The system of the conciliation of execution is diffusely applied in the Chineselegal practice, for its advantages of practicability and flexibilities as well as the lowcosts and high efficiency. However, nothing is perfect. The so-called "difficulties ofexecution" in China makes the conciliation of execution worse, beside the lack of theprocedural transparency of execution and uncertainty of the enforcing limitation. This thesis will focus on the legitimacy of the agreement of the enforcingconciliation, and give some related suggestions on the present system of theconciliation of execution. The concept, legal features, the significance and thenecessary elements of the conciliation of execution will also be explained in detail. Three parts build up this thesis. The introduction talks about the significance of researching on the executionconciliation system and the problems related. The first part clarifies the concept and substance of the conciliation of execution,then interprets it according to the relevant statutes and regulations. This part alsoexplains the legal features, the basic characteristics, the significances of that system,aiming to regulate the interpretation and the practice of the enforcing conciliation. The second part discusses the legal effect of the conciliation of execution. Theagreement on the conciliation of execution is "a contract with the effectiveconditions", which is remaining a "pre-valid situation". How to clarify the legal effectof the agreement of the enforcing conciliation is practically important, which also isthe very key to dissolve the outstanding problems in the difficulties of the enforcingprocedure.The third part digs out the disadvantages and the unperfected regulations existingin the system of the enforcing conciliation as well as the practice. Besides, the authorwill give his legal advices and treatments to some typical problems. The last part is the conclusions of the thesis, which outlines the main issuesdiscussed and some disadvantages. The main opinions of the thesis are that as a legal system, the conciliation ofexecution needs legislation's perfection to regulate the practice and resolve thevagueness of the regulation in this area, and the court as a vital role in this systemlacks clarifications of its character in the legislations which needs to identify.