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Study On The System Of Execution Conciliation

Posted on:2014-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:C Z WuFull Text:PDF
GTID:2256330425470881Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Justice and efficiency are the two value goals of civil execution, but there has conflict between the two, the execution reconciliation is trying to find a balance point between them.To the extent of the character,enforcement compromise is a civil act of disposition and is the result that parties entitled to enforcement exercise their right of disposing It is a specific representation of disposition rules, set in Civil Procedure Law,during the process of enforcement. The system of enforcement compromise is of great significance to facilitate the party subject to enforcement to perform his duty, to ensure the legal interests of the party who applies for enforcement, to minimize costs and to save judicial resources. However due to its innate limitations, the system results in various ill effects during the judicial practice, which is really a pity. However, in practice, because of the problems such as the settlement agreement involved in current execution reconciliation system has no enforcement power, the role confusion of people’s court, the ineffective supervision of People’s Protectorate, which make some parties take advantage of vulnerabilities and negligence in the execution reconciliation system to avoid responsibility maliciously, causing a low rate of conciliation of execution. From the perspective of fairness and efficiency, the essay explores give a specific analysis of China’s current execution reconciliation system. For example, the execution reconciliation agreement is unknown, third people’s rights and interests are missing, and other problems.Author puts forward advice on Perfecting China’s system of conciliation of execution on the basis of former research and analysis in the last party of the paper. The first is to construct China execution reconciliation settlement mechanism; The second is to perfecting the conciliation of execution remedy system; The third is to clear the status and role of the people’s court in reconciliation; The fourth is to construct the inspection and supervision mechanism by the people’s Protectorate in reconciliation.
Keywords/Search Tags:civil execution, the execution reconciliation, balance between theJustice and efficiency, execution
PDF Full Text Request
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