The Conciliation Of Execution’s Reconfiguration Under The Background Of"Grand Conciliation"

Under the background of "Grand Conciliation", conciliation of execution, as one of the mediation methods, has increasingly been used in the process of the court’s compulsory execution. The Executive Judges usually build the platform for both applicants to communicate and get conciliation, in order to solve the case execution successfully, instead of the forcibly execution, which not only protects their legal rights, but also save the judicial resources. However, compared to the conciliation in the trial process, conciliation of execution faces the dilemma of "Be congenitally deficient, acquired defects"."Congenitally Deficient" means that conciliation of execution has deficient of validity, there is a major dispute about it between academic and judicial circles;"Acquired Defects" means that conciliation of execution is lack of compulsory execution, it only gave a "soft constraint" effect to parties, that is, there is no any punishment if any party went back on their promise. Meanwhile, although conciliation execution exists as the form of parties’ acceptability, it is usually against the real intention of the parties in practice, instead, it shows the court’compelling force. No matter whether it exists as a system or one method in execution, Conciliation of execution is still a big controversy in the Court. This paper, based on the extensive collection of problems of conciliation execution in practice, is to conduct an in-depth research on Conciliation execution under the background of "Grand Conciliation". The main body will start from the particular cases in practice to find out the problems existed in the current system of conciliation execution, then through summarizing and analyzing the scholars’research results, to further analyze and define the nature and validity of conciliation execution agreement, and analyze and restructure the three tasks that should be carried out according to jurisprudence. Firstly, to explore the validity of action effectiveness of conciliation of execution, the author try to prove that conciliation execution should have action effectiveness from characteristics in the new period, its relationship with analysis of resjudication and settlement of action; Secondly, to discuss the validity of establishing substance investigation system to Judges’ substantive rights in execution of conciliation agreement, the author will conduct an analysis mainly to the features and implementation of conciliation of execution; thirdly, to explore the possibility of constraint system for parties’ Pull-back. Finally, the author will try to conduct a comprehensive restructure to conciliation of execution as a system, to clarify the nature and effectiveness of conciliation of execution agreement, to explore and improve the conciliation of execution system by giving the action effectiveness to conciliation of execution agreement, establishing the substance investigation system to Judges’ execution of conciliation agreement, establishing constraint system for parties’ Pull-back, etc. in order to make the most of the advantage of conciliation of execution and push the implementation work forward.