Theory And Practice Of The Execution Reconciliation

The civil execution reconciliation is one of important systems in execution procedure。The fact that it is described so brief in current code of civil law leads to that theory disaccord with practice。The text tries to supply some references to perfect this system for legislation and practice.The first part analyses the notion of the execution reconciliation, then the text compares execution reconciliation, court's mediation and litigant reconciliation, etc.The second part falls into 3 kinds of categories, The author accepts the last, considering it is a legal behavior that have characters of both private law and litigant behavior.The third part puts forward perspective on way to perfect this system, so as to ensure it to function well,Through analyse above, the author in epilogue advances that the execution reconciliation is perfecting and developing gradually, the execution reconciliation system will operate normatively.