On The System Of Reconciliation In The Civil Compulsory Enforcement

System of reconciliation in the civil compulsory enforcement is one of the breakthrough of the the civil compulsory enforcement in China. It was born as the tool of easing enforcement difficulties and it can ease the conflict in the enforcement process and spare the cost of action, which has played a role in the juridical practice. Meanwhile, because of the legislative defect and antique concept of enforcement, the judicial practice to present a lot of problems. Therefore, studying the juridical practice problems, finding out the reasons and acting appropriately to the situation is the main research orientations of this article, which is been consisted of: Chapter one "The Theory Analysis of the System of Reconciliation in the Civil Compulsory Enforcement" is trying to provide theoretical orientation for perfecting the System of Reconciliation in the Civil Compulsory Enforcement, which includes the justiciability and validity of the system, and also studied the relationship between party autonomy and public power.Chapter two "The Current Situation and Dilemma of the System of Reconciliation in the Civil Compulsory Enforcement" on the one hand, starting from the research status and defects of the legislation to figure out what is the current situation of the system. On the other hand, having long search of a few cases and abstract the judicial practice problems of settlement flaws, the scope of judges’ executive power and guarantee in the system.Chapter three "Advices to Perfect the System of Reconciliation in the Civil Compulsory Enforcement" based on the transformation of the concept of enforcement, tried to correct the defeats and studied to establish the system of the counterargument right for security of creditors and the entitative execution remedy in objection action of the debtors and try to complete the accessory institution as the my perspective to perfect the system.