Civil Enforcement Of A Settlement System

While the judgment is the conformation of rights and obligations While the judgment is the conformation of rights and obligations enjoyed by person,legal person or other organization,the execution is realization of those rights and obligations.Although the civil execution reform of our country to the "execution difficult" has gotten certainCivil execution reconciliation system is an important system of civil execution in China.Generally speaking,reconciliation that the two parties voluntarily reach can reduce execution cost,but also can alleviate the problem of "difficult execution".However,regulations of civil procedure law in China and relevant judicial explanations at present on execution reconciliation system are simple,lacking practicability.Therefore,it is necessary to more deeply research civil execution reconciliation system,for perfecting civil execution reconciliation system.Besides preface and conclusion,the article consists of four parts.In preface,by discussing the development of "relief by oneself',leads to the important function on realizing the creditor's rights,simultaneously points out a lot of problems in civil execution reconciliation system in China at present.Therefore,it is important and necessary to research civil execution reconciliation system.Chapter one is the overview of the system of civil execution reconciliation.Beginning with its definition,the author analyzes the essential disputes of execution reconciliation and further introduces the basic character of the system.The author compares the execution reconciliation contract with other similar conception.Chapter two is analysis on the nature,the basis of the justification and the effect of civil execution reconciliation system.In this chapter,the author discusses in detail on the effect and the basis of the justification of the system.At the same time,the author also introduces the elements consist of the system.Through the overview,the author analyzes the effect of the system,the influences that the execution reconciliation may affect rights and obligations between two parties,execution procedure and original effective legal documents.In the meanwhile,in this part the author also analyzes efficiency flaws of civil execution reconciliation.Chapter three from theoretical studies,the current legislative and judicial practices introduces the execution reconciliation system in our country,pointing out the problems of the simple legislation and poor operability in judicial practices,setting up the basis for the improvement of the execution reconciliation system in the next chapter.Chapter four mainly analyzes how to improve the execution reconciliation system.At first,the author points out should definite several basic principles which establishing the civil execution reconciliation system should follow.On the basis of the above analysis,the author comes up with own blueprint of the improvement on the execution reconciliation system.At the same time,the author brings up specific measures against the situation which parties break the civil execution reconciliation.From what has been analyzed above,the author draws the conclusion on this article in conclusion.