The Research Of Suability Of The Enforcement Of Settlement Agreement

Enforcement of a settlement agreement with the positioning relief system is the key to a final settlement of the dispute, its design is scientific, reasonable and legitimate interests of the parties relating to the judicial authority, to achieve stability. Since the enforcement of settlement agreements resulting in the absence of an independent right to appeal the judge over the implementation of the interference cases reconciliation, unity Remedy damage the interests of the applicant after the interests of the parties and even cause irreparable damage. In summary, the author demonstrates the necessity and feasibility that should be given the right to appeal independent enforcement of a settlement agreement. The first chapter introduces the enforcement of settlement agreements Introduction. First, the author of the enforcement of a settlement agreement with the general settlement were compared and analyzed on the basis of elements of the establishment of effective enforcement of a settlement agreement on the analysis of the implementation of the settlement agreement obtained particularity.Secondly, the nature of the academic theory analysis of the implementation of the settlement agreement summed up the three main doctrine, under the existing laws of China, China is now come to the third theory is used in the coexistence of the two acts, he said that the implementation of the settlement agreement is not judicial referee private contract or to confirm, the parties do not fulfill the settlement agreement is only to go to restore the original basis for the implementation of theremedies. Again, the effect on the implementation of the settlement agreement, the author expanded from the substantive law and procedural law are two aspects of the analysis, the entity enforcement of settlement agreements should be recognized as contracts of private law, the establishment of entry into force, etc. should be fulfilled by the private law to determine, during the interruption of the program have to apply compulsory execution, suspension or termination has started enforcement proceedings, as well as the effectiveness of the original and effective legal instruments coexist. The second chapter analyzes the implementation of the settlement agreement gives the right to appeal independent real need, namely the need. Firstly, from "a city settlement system to perform research report" in the case has come to enforce a settlement rate applicable, enforcement of settlement agreements covering a wide range, but the initiative to carry out and complete fulfillment low rate characteristics, and then tally up enforcement of a settlement system run Existing enforcement judge cases of undue interference reconciliation, reconciliation is not only effective implementation of the objectives of resolving disputes and debtor for the realization of the system utilization harm the interests of the applicant for enforcement, the final analysis the main reason for these problems is the emergence of the status of the implementation of the judge is not clear and the implementation of the settlement agreement the right to appeal the lack of independent, enforcement of a settlement agreement with the complexity of relief when the interests of unity caused by the loss. Thus,come to solve the above problems, and make better use of enforcement of a settlement agreement to resolve the dispute on the system should begiven the right to appeal independent enforcement of a settlement agreement. The third chapter gives the feasibility of the implementation of the settlement agreement and the implementation of an independent settlement proceedings path of right to appeal were, after the implementation of the current appeal of reconciliation type selection and analysis of the pros and cons should then choose to come to confirm the complaint.