The Improvement Of Civil Execution Reconciliation System

Since the late1980s, the execution of court get into the dilemma of”the Problemof difficult enforcement of judgement”, Theorists and the practical realm are lookingfor this dilemma breakthrough; At the same time, the execution reconciliation systemwas concerned which Supported by party autonomy principle and other legal basis.because it can save the realization cost of the right, be able to realize themaximization of social benefits, Promote the thorough settlement of the dispute andeffectively safeguard judicial authority, has received the good legal effect and socialeffect, then be widely used.In a wide range of use, the execution reconciliation system exposed manyproblems. such as the theoretical disputes about "nature" and "effectiveness" of theexecution reconciliation system, the simple package of the law and regulations,various kinds of practical problems in the perform practice. In perspective, theexposure of the question provided an opportunity to to further perfect the executionreconciliation system, unique value of the execution reconciliation system needs theperfection of legislation and procedure.The thesis contains five chapters: The first chapter is introduction,expounds thebackground and present situation of the execution reconciliation system,and stateswriter’s stance on save execution reconciliation system. The second chapter is thebasic characteristics of the current execution reconciliation system in our country.Comparing the old and the new civil procedure law’s provisions about the executionreconciliation system, illustrates its concept; and by comparing with litigationmediation, litigation reconciliation, further shows the characteristics of the executionreconciliation system. The third chapter is the legal basis of the executionreconciliation system. From the principle of will autonomy, contract-in-litigationtheory and the limitations of implementation foundation to argument the executionreconciliation system still need to exist. The fourth chapter is the problems of thecurrent execution reconciliation system in our country. analyzes the theoreticalknowledge and influence of execution reconciliation system’s"nature" and"effectiveness", the simple package of the law and regulations and various kinds ofpractical problems in the perform practice. The fifth chapter is thinking of perfectingour country’s execution reconciliation system. Mainly discussed turough clearing thestatus of courts, parties’ procedure selective rights and the honest credit principle to further standardize the execution reconciliation procedures; be explicitly stipulatedthe effectiveness of execution reconciliation system; set objection suit to perfect rightremedy procedure.