Study On Conciliation Civil Execution System In China

The solving of society dissension include lawsuit and non lawsuit dispute solving. The execution reconciliation is one way for solving the lawsuit dissension. Excution reconciliation relate to the force adeffect of entity and procedure, different understand the relation in theroy induces different performance pattern in practicality which lead to some disadvantage in performing conciliation civil execution system:The first is lower the automatic implementing enforce of execution reconciliation protocol, it become the tool of privy lawsuit defend in most case. The second is ambiguity the force adeffect of execution reconciliationin procedure, when performing the execution reconciliation protocol, the court cut off the execution or end the execution, even in grant creditors rights warrant, those bring many dispute in account debat interest of apply execution course and delate execution period when applying resume the origin execution. The third is unclear of the force adeffect of execution entity, lack of force adeffection to the privy of the reconciliation protocol lead the privy copping out on the reconciliation at will anytime by looking the reconciliation as playgame. Without the necessary restriction, it will lead the conciliation system is nominal and the conciliation function cannot exert. The fourth is that the liberty conciliation execution action or reconciliation time after time in the same case cause cannot neglectable effect to the performance of judge. In practice some privy treat the executing procedure as ’thrid justice procedure’, changing the juical content at will, unavoidabe injuring the authority of judiciary and perturbating the perpole’s jural belief. The fifth is that the singular judical relief cannot effeciently protect privy’s legal right.The above problem consanguineously link with the lack of rule on reconciliation procedure and entity, and the judical department have no right to jural review the conciliation execution protocol. With setting proper procedure and entity requisites, refering to the enforce model of notarization creditor’s right amanuensis of compulsory execution by our country, conditionly endueing with performance and solve protocal enforce of compulsory execution can efficiently keep the balance of judged inureing legal document and restrict privy abuse conciliation right. Definitude the judical review right of conciliation protocol can ensure the conciliation protocol legal and efficient, and the performance is easy to carry out with fair and reasonable, those ensure the civil conciliation execution system more scientifical acting effection.With the nomological analysis of the conciliation execution concept and enforcement of peroforming procedure and entity in conciliation execution protocol, this paper tries to propose that we can consummate conciliation execution system and develop the relief ditch of conciliation execution by legal proposals.