The Research Of Effectiveness Of The Reconciliation Agreement In Judical Implement

Life of law lies in implementation, and enforcement is an essential way to makelaw gain its life. The operation of reconciliation system has a great significance inreality. However, the provisions of existing laws are so rough that there are nounified judicial standards that can be used by courts in practical case handling, whichalso results in confusion.Based on the analysis on the enforcement of reconciliation system, the authorbelieves the fundamental problem is that there is no clear definition on the nature ofthe enforcement of reconciliation, so there exist disputes in the effect for theenforcement of reconciliation, which causes a series of problems. Firstly, in theprocess of defining the nature of the enforcement of reconciliation, the differencesbetween reconciliation in litigation and out of litigation shall be identified strictly,and the nature and effect of the enforcement of reconciliation as well as the stage atwhich reconciliation enforcement exists in the whole litigation shall be definedclearly. Hence, it will be logical to position the enforcement of reconciliation as anew contract beyond the original suit. Secondly, a judge’s position in the process ofreaching agreement on the enforcement of reconciliation by and between both partiesshall be defined, thus a conclusion on the form of effect for the enforcement ofreconciliation is reached, namely that a judge shall not participate in the process ofreaching such agreement or review its content substantially; reconciliation agreementshall not adopt the specific form of written record made by a judge and finally,parties concerned may request remedies by applying for the restoration of theoriginal judgment, but such remedy is too narrow to protect parties concerned fullyand completely. The litigation rights of parties involved in the enforcement ofreconciliation agreement shall be identified clearly from the perspective oflegislation, and a system of punishment for violating such agreement shall beestablished, and when the enforcement of reconciliation is unfavorable for theapplicant objectively, it should be identified as a cause for the applicant to apply for the restoration of the original judgment.There are five parts in this thesis, the case in which the enforcement ofreconciliation agreement is reached by B and A limited company concerning thesales contracts is studied in the introduction and then some problems are posed. Thesecond part mainly about the relationship between the effect of enforcement ofreconciliation agreement reached by the party concerned and that of the originaleffective judgment by the court based on the case abovementioned. On the basis ofin-depth analysis, it is concluded that the enforcement of reconciliation agreement isa new type of contract independent of the original suit and it is with the effect ofsuspending effective judgment before enforcement and it can take new legalproceedings. The third part defines the position that the judges are on through theanalysis on the problems that influence the effect of enforcement of reconciliationagreement, that is, not involving in reaching agreement, no material review on thecontent of agreement nor no record about the effect of reconciliation agreement. Thefourth part is mainly about the legal remedy options of the enforcement ofreconciliation agreement by analyzing the oneness about the current legal remedyconcerning the enforcement of reconciliation agreement, illustrating theincompleteness of party’s protection and lack of the relevant laws on the rights ofaction under the disputes caused by the enforcement of reconciliation agreement andsome countermeasures are put forward. The last part is the conclusion.