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Theory Of Civil Execution Reconciliation

Posted on:2014-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:M M ChenFull Text:PDF
GTID:2246330398978693Subject:Law
Abstract/Summary:PDF Full Text Request
The perform reconciliation system is one of the legal systems of civil execution procedure in our country; it can quickly resolve the dispute between the parties, the legal rights and interests of the parties can be realized, so it becoming one of the important ways of closing a case, is of great practical value in juridical practice in china. However, china’s current legislative provisions about the execution reconciliation are still relatively simple, so the related theories in the judicial practice process can not effectively play its value and function, resulting in theory and practice can not be effectively combined or separate. Therefore, the author tries to make in-depth analysis on the basic theory of execution reconciliation from aspect and judicial practice. Thus proposed the execution reconciliation system in legislation, defects in the course of practice, and further points out the necessity of perfecting the system of conciliation of execution and put forward the theory of the system of conciliation of execution and judicial practice how to walk out of predicament in judicial practice.This paper mainly describing the function and value of the system of conciliation of execution, as well as the current exist or may have to face the problem, and then put forward the necessity and feasibility of improving china’s system of conciliation of execution, in the overview of execution reconciliation system section. Firstly to defined the "reconciliation" and further defined the execution reconciliation, and respectively to the components of the execution reconciliation, the nature of the execution reconciliation, and described the differences and relation between the system and related concepts.This paper mainly expounds the current situation of the system of conciliation of execution in china and existing problems. And first elaborate the legislative status of perform reconciliation institution in china, and investigate the problems in the judicial practice, so as to find out the reasons of the problems, finally through the analysis of the legislative theory and judicial practice unceasingly, points out the deficiency of the current execution reconciliation system in our country, and thus put forward the strategy to improve settlement system from four aspect:first, appropriate to strengthening the action of courts in the process of execution reconciliation; second, to clear the enforce ability of the reconciliation agreement; third, we should establishment the system of unsafe right in the process of the execution reconciliation; fourth, proposed the diversification scheme to perfect and development the execution reconciliation disputes relief way.In the conclusion part of the overall, this article has carried on a brief overview of the full text, a briefly overview of the necessity of the perfection and development of social legal system construction in china, as well as the expectations of the future.
Keywords/Search Tags:execution reconciliation, reconciliation agreement, compulsoryexecution, improve and perfect
PDF Full Text Request
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