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Research On Investigation Of K City Of Civil Execution Reconciliation System

Posted on:2015-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:S LiuFull Text:PDF
GTID:2296330467973683Subject:Law
Abstract/Summary:PDF Full Text Request
Civil execution reconciliation system is an important system in civil execution processin China, is the principle of party autonomy in the implementation of the embodimentand extension of the field, but also a manifestation of the parties to exercise the powersof. The execution reconciliation means that in the implementation process, the parties tocompromise, will come into effect the referee confirmed legal relationship (right)implementation agreement, and the settlement agreement to the enforcement courtreview and approval, to suspend or abort, the end of the execution of a program orsystem behavior. So the execution reconciliation has become one of the important wayof closing, has great practical value in judicial practice in china. The application ofexecution reconciliation can not only reduce the cost of implementation, but also tofully respect the will of the parties, flexible and convenient way to solve the dispute. InChina’s judicial practice of "difficult to execute" is in the implementation of a bigproblem, and execution reconciliation system can to some extent alleviate this problem,is of great theoretical value and practical value.But our current laws in terms of legislation on the system of conciliation of execution issimple, general, and the related theory in the practice of not only failed to fully andeffectively play its role and value, and even make it also brings some problems inpractice. Therefore, the author in the judicial work of the first line is K City People’scourt conducted a special investigation and study.Some of the material in this paper the author in the investigation and Study on theincome as the foundation, the analysis of the execution reconciliation system inlegislation, practice process deficiencies, summarizes some common problems existedin the operation of the main practice: first, the case of the execution reconciliation rate ishigh, the existence of the executive judge over interference reconciliation evencompulsory conciliation cases; second, a page the execution of the agreement of thecontent and form of existence for the chaos of the situation; third, the executionreconciliation is efficient to solve the dispute of the effect is not good; fourth, the partiesmalicious reconciliation exist, the creditor and the third person interest. Analysis of thecauses of problems in the operation of this system mainly has four aspects: first, thecourt and the executive judge in the execution reconciliation in the position is not clear;second, about the execution reconciliation agreement on related matters of no clearspecification and strict review system; third, the enforceability of the settlement agreement is not clear; fourth, the relief way after the reconciliation is not clear. Byanalysis of the causes of the above summary and questions of the problem, acomprehensive in-depth study of civil execution reconciliation system, from the court,the executive judge in the conciliation of execution status, specification to thesettlement agreement matters, the execution reconciliation agreement potencydetermination and party in the conciliation of execution right relief angle in four aspects,the author puts forward the concept on improving the execution reconciliation system:first, clear the judge intervention degree of settlement, and gives the executive judgeright of review and supervision; second, the number of restrictions and reconciliationspecification settlement agreement content and time of performance, the establishmentof settlement violations punishment system; third, clear the enforceability of thesettlement agreement; fourth, establish the unsafe right of defense system, applicationthe execution of people apply for restoration of the implementation of the system andthe third execution objection power system. In order to improve the civil executionreconciliation system in china.
Keywords/Search Tags:The Execution Reconciliation, The Judicial Efficiency, TheSettlement Agreement
PDF Full Text Request
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