Research Report On The Case Of Executive Compromise In Huainan City

Implementation of the court is the last barrier to protect the legitimate rights and interests of the parties. Reform and improve the implementation of the system is currently an important part of the implementation.In the context of building a socialist harmonious society, implementation of the settlement system came into being. Implementation of the settlement system design is reasonable, whether the standard run smoothly, will play a direct impact on the superiority of the implementation of the settlement system, but also affect the implementation of the case and the realization of social fairness and justice. Through establish the scientific and reasonable implementation of the settlement system, standard the process of the implementation of the settlement, can effectively alleviate the conflict between the parties, to maintain social stability and reducing implementation costs.At present, there are still many problems need to be improved and perfected in the China's implementation of the settlement system. In signing the settlement agreement, the signing of the agreement are not standardized, the courts does not have the right to review the settlement agreement, the parties "false reconciliation", "malicious reconciliation". In fulfilling the settlement agreement, the parties default rates higher, lack of the ability to perform. Huainan City, two courts as an example, the implementation of the settlement rate showed an increasing trend year by year, but there are still some problems in the quality of the cases and fulfillment rate reconciliation. Implementation of the settlement system play a catalytic role in easing the difficulty in implementation, but this problems directly impact on the quality of the cases, and even affect the credibility and authority of the courts.Signing settlement agreement in the process of the implementation can conducive to conflict passivation, make the cases well ruling. But the imperfections of the reconciliation process execution make the settlement agreement changed the taste, help a small number of obligors avoid enforcement, provide a "shortcut" for the individual judges who pursuit of cases closed. In the process of modify and improve the implementation of settlement system, should analyze the reasons of unable to perform reconciliation, improve the reconciliation process execution, to make it standardized, specific. Improve the enforcement of legislation, give judges the right to review the settlement agreement, deal with the relationship between judges and parties. Reference to "Contract Law" to give rights the right to Plea, effectively curb the obligor "malicious reconciliation" phenomenon, making the case to the legal effect of the implementation of the dual unity with the social effects, in line with the direction of building a socialist harmonious society.In short, the reform and improvement of the implementation of the settlement system is a long and arduous task, involving the adjustment of interest in all aspects and elements of integration,should closely around the center of the implementation, so that the implementation of the settlement system reform and other reform combine to promote each other, strive to become a two-edged sword to solve the "difficulty in enforcement", and gradually build the implementation of the settlement system in line with China's national conditions and needs of the people of the judicial system.