The Perfect Of Execution Reconciliation System Under The Perspective Of Creditor Protection

The execution reconciliation is that the executor and the debtor voluntarily negotiate, on how to achieve effective the rights and obligations which the legal instruments identified, and reach some kind of agreement in the enforcement procedure. execution reconciliation has been advocated by court with its convenient, efficient execution advantages. However, in the judicial practice, due to the legislative, institutional and other makes enforcement of a settlement has been lacking in the protection of the interests of creditors. The execution reconciliation cases exist the phenomenon of low rate in automatic performance and on the spot performance. Even the creditor entered into a settlement agreement with the debtor after weighing the pros and cons to make concessions in terms of their own interests, the debtor may violates the settlement agreement, resulting in damaging the creditor claims such as the total debt reduction, debt to achieve extended, even claims ultimately unable to achieve.The purpose of enforcement is to achieve the creditors’ claims, and the claims of creditors are damaged indirectly influence the judicial authority. Therefore, the theory and practice on how to perfect the execution reconciliation system launched extensive research in the legislative and institutional level..The execution reconciliation related laws and regulations currently is primitive and dispersed, for example, the frequency and duration of reconciliation perform has no specifically limit, the effectiveness of the settlement agreement and guarantee has no specifically regulated, which leading to the uncommon phenomenon of the debtors using the settlement agreement to delay and escape execution. For this reason, it is necessary to limit the frequency and duration of reconciliation perform, Clear the effectiveness of the settlement agreement, eliminate the content of guarantee in the settlement agreement, to prevent the debtor using loopholes of the current legislation to avoid the implementation, thereby affecting the realization of creditor claims. On the other hand, Courts put too much emphasis on performance, Judges one-sided pursuit of execution reconciliation, Parties lack of legal awareness, debtor’s default costs is low, Reconciliation case tends to be long-term effective performance. Therefore, it is necessary to improve the assessment system, emphasize the late fulfill rate of the settlement case, gradually cultivate the judge’ s executive concept on how to efficient realization of creditors, with fairness, consider introducing a collegiate panel review system, establish the Perform tracking mechanism on execution reconciliation case, leak fill a vacancy from the judicial practice,supervise and urge the debtor to fulfill the settlement agreement, Ensure the creditors’ claims can be achieved as soon as possible.