Enforcement Of A Settlement System Study

Human society has gradually established a public use of state power to achieve individual rights with the continuous increase of state power and the state's privacy intervention. This is the civil execution system. As a result of the different environment, there exists "difficulties in execution" in our country. Enforcement alone is unable to break through the plight of "difficulties in execution ". Execution reconciliation is widely used, because the function and value are different from the enforcement's. However, the legislation did not pay full attention to the execution reconciliation. In practice execution reconciliation runs chaos, and doesn't play due effect. It is necessary to improve the system of execution reconciliation.The thesis contains four chapters.The first chapter is the basic theory of execution reconciliation. The concept, characteristics and nature are cleared in this part. The execution reconciliation is different from the lawsuit reconciliation and court mediation. It has substantive law and procedural law dual nature. As a result of the public law agreement reduction tendency, the procedure independent principle, the rational litigant's preinstall as well as procedure conversational, the execution reconciliation is an item has the validity theoretically. In practice, the execution reconciliation has the special function and the value, in the balanced multi-dimensional benefit and the enhancement executive benefit to have the remarkable superiority.The second chapter is inspects our country's execution reconciliation in legislates and in practice. China's existing legislation on the execution reconciliation is principled. The enforcement law draft although attempted to carry out the execution reconciliation regularization, had still not formed the complete system. The content, the form, the relief way of execution reconciliation are insufficiency. Particularly the court had not been clear in reconciliation status and the jurisdiction, caused the judicial practice confusion.The third chapter is how to improve the system of execution reconciliation. The author thinks that the court possesses fatal part when properly performs in the delegating and limiting power of pacification enforcing, also the effectiveness, content and modality. The author divides into the settlement agreement through the court confirmation potency and not. The court should have comprehensive review to the settlement agreement right in the content and forma. In the execution of the settlement agreement, the parties' rights for revocation should be strictly regulated. The court should take certain measures to control the property and definite the potency of guarantees. When the agreement does not perform or improper performance, the parties can fully use court relief ways.