A Study Of Legal Effect On Effective Judgment With Reached Settlement Agreement

With the growing civil disputes in today’s society, for the purpose of resolving civildisputes effectively, the practice of reaching a reconciliation agreement after the courtmakes the effective judgment is becoming increasingly popular. There are mainly threekinds of reconciliation agreements: the reconciliation agreement prior to the civilianimplementation, reconciliation agreement of the civil enforcement and the reconciliationagreement of civil prosecution. The three kinds of reconciliation agreements generate fromdifferent stages all of which have a profound legal and social significance on resolvingcivil disputes. It is increasingly found that they vary greatly on the aspects of legal effectand theoretical basis and the judicial practice, which will inevitably lead to judicial chaosand also pose a threat to our country’s judicial credibility. Therefore, this paper aims tostudy the nature of the three kinds of reconciliation agreements, the relevant theoreticalissues and the legal effect. Moreover, the paper will conduct a systematic comparison andevaluation among the three kinds of reconciliation agreements, highlight unreasonableissues of legal effect in legislative and judicial practices, and finally suggest possiblesolutions to these problems.