A Study On The Sustem Of Civil Execution Reconciliation

Civil execution reconciliation as the one of the most important system of civil procedure law, it plays an important role in resolving disputes between two parties and maintaining social stability. Especially with the rapid economic development, disputes among social subjects is variable and complicated, while civil execution reconciliation at this time reflects its efficiency and cheapness. Judgment determines the existence of rights and the implementation embodies the realization of rights, so the settlement of civil execution reconciliation to some extent improve the further perfection and practicability of execution system, however its nature and efficiency do not reach a good agreement between theories and practice. What more, the current articles of law are too simple and weal which cannot effectively perform their proper function in judicial practice.The current law about civil execution reconciliation is simple; the rights of execution composition parties cannot get reconciliation timely; the times and the date of execution composition are indeterminate may leading to illegal purposes to postpone execution or perform non-execution in the name of reconciliation by person who against a judgment or order, as a result the interest of applicant will be damaged. There is not a practical standard for "cheat, threat" and it is difficult to regain execution in practice, therefore all these problems and those "suspensions" are urgently to be settled.The first part is the overview of the definition and the basic theories of civil execution reconciliation, analyzing the contents and the functions of the execution reconciliation system, and then analyzing the essence of execution reconciliation which owns the dual legal effect to make foundation for the following discussion about the methods of reconciliation. The second part mainly refers to comparing the execution reconciliation systems and relevant regulations between home and abroad, at the same time, introducing the advanced experience to improve our domestic civil execution reconciliation system. The third part is the analysis for the current civil execution reconciliation and judicial practice, aiming to point out the problems and flaw of the simple legislation and its root cause as well as some corresponding results. The forth part talk about how to improve the efficiency of execution reconciliation contract on the basic study for the current system, and clear the practicality of execution reconciliation, definite the effective reconciliation method and settle the punishment system for failing to perform execution timely; establish guarantee system in execution reconciliation. On the basis of the above analysis, the author comes up with the suggestions for improvement on the execution reconciliation system. The last part, the author draws the conclusion on this article.