On China's Enforcement Of A Settlement System Reform And Improvement

This article has first analyzed the execution reconciliation concept, the nature, thought the execution reconciliation has the bi-attribute special behavior, the execution reconciliation on the one hand is in the conciliatory contract between the two sides under the civil law, also is the conclusion which exists between the litigants as well as the litigant with the court. The execution reconciliation forms dose not produce the new creditor's rights debt relations, but is the original duty's continuing. The execution reconciliation does not exist the responsibility of breaking a contract, violates the execution reconciliation to be supposed to undertake the responsibility of breaking a contract. In order to expose the execution reconciliation's nature, this article has analyzed the difference in execution reconciliation, the lawsuit reconciliation and the court mediationThe article has analyzed the execution conciliation's condition of establishment and effect. There are following requirements: Based on two sides' litigants voluntary; Litigant's character; The execution reconciliation cannot violate laws; The execution reconciliation only can occur during the executive processing; The execution settlement agreement in writing generally, oral does not prohibited.Because the difference of the execution under the conciliation , there will be different legal consequence, the execution settlement let the execution suspend, the execution processing will be finished when the conciliation fully executed.This article analyzed the defect of the conciliatory system, and based on my own experience and few major disputes by now, there are few items need be discussed:(l) Should not entrust the power of execution conciliation under the execution agreement, also not suitably differentiates the general reconciliation and the special reconciliation; (2) The court should not be entrusted the conciliatory examination power, because the examination power is object power, should not mix the power of jurisdiction and execution ; (3) After the court restores the execution, the execution settlement agreement should not simple think that it is invalid, but should be considered it relieves the execution settlement agreement; (4) The present application restores carries out the primary effect legal document's deadline excessively short, should revise the existing...