The Jurisprudential Analysis Of Reconcilable Implementation

In recent years,"civil enforcement difficult" problem has plagued China’s judicialpractice. Facing the complex execution environment and the grim situation in theimplementation, the judicial departments and their staff in practice gradually learned, thatwe must to explore and use a series of effective enforcement regime. The implementationof reconciliation is one of them.At present，the academic research on reconcilable implementation is in favor oftheoretical discussion on sectorial laws，but lack of in-depth and detailed analysis of theimplementation of the real reconciliation process. Thus it is difficult to discover the realproblem in that process and can’t see the jurisprudence during the process.Through the real research in W Court in C City, as the experimental unit Court, thereal scene and whole process of reconcilable implementation will be discovered. Besides,based on the real research, through analysing the date of choosing implementation orreconciliation process, and the reconcilable cases between different people, we cancompare the cost of two process and see the game between them. Furthermore, it is thetraditional ethics concept and the real condition, which affect people’s choice ofreconcilable implementation. Finally, it states how to do the best choice, to achieve thecooperation, to avoid the betray and cost during the reconcilable implementation.The process of reconciliation is the most appropriate strategy of enforcement.Although, the judges and people both have high prise of reconcilable implementation.But, because of lacking of the rules of reconcilable implementation, it leads more difficultto apply the reconcilable implementation. To mostly use the reconcilable implementation,we must start at supporting the usual faith in our soceity, behind the proper mind ofreconcilable implementation, to compile the law and rules, to reduce the press ofenforcement work, and then to balance the social system of norms, and make the socialcontrol and solve the problem in diversification way, to maintain good social order from amulti-surface and multi-level.