Report On The Research Of Civil Execution Reconciliation

Civil execution reconciliation system is the implementation of the program is an important legal system, has the advantages of low cost, high efficiency, simple procedure and comply with today's advocacy of social reconciliation concept etc., is the civil rights of autonomy of the will and the civil right of disposition in the enforcement procedures in the embodiment and Application. Through this system, to resolve the contradiction between the parties, timely effectively deal with disputes, and has important theoretical and practical value to solve the facing the implementation of difficult issues. However in recent years, due to the party who does not carry out enforcement of a settlement agreement triggered disputes occur frequently, the implementation of reconciliation is originally is to resolve the difficulty of implementation problems and the creation of the system, but in the process of application of the judicial practice has aggravated the difficulty of implementation, making the system in judicial practice are not effectively play its due function. To this end, the author of the first line of the implementation of the implementation of the judicial settlement of the special investigation and study.In this paper, the author analyzes the problems in the process of legislation and practice, and puts forward some corresponding suggestions on the basis of the author's materials. The two thousand words, is divided into three parts:The first part, first of all, the research purpose and method of investigation statements, clear by means of gathering the data and observation interview, questionnaire, investigate the files such as survey to investigate and solve problems; secondly, the execution reconciliation through the investigation and understanding of the application are discussed, including the execution reconciliation in actual use, different types of cases the differences on the effects of the implementation of the settlement, the parties, the executive judge attitude to the effect of the implementation of the settlement, the third human execution reconciliation provide ways to guarantee and settlement of dispute resolution, and provides the basis for an analysis of the problems below.The second part is the core part of this paper, it is the basic situation of the investigation, the analysis of the purpose of this research. Through the analysis of the implementation of the settlement for found in the current legislation of our country on the existing contradiction of the execution reconciliation of qualitative, the implementation of the positioning of the judge, there is also a lack of, but also to the implementation of the settlement agreement reached whether to terminate the compulsory enforcement measures and Implementation guarantee involved in the settlement agreement there was no law.In the third part, this part from the ideological roots, economic root, root of the rule of law and social root and source of knowledge on the causes of the above problems are analyzed, and puts forward corresponding suggestions from the legislative level and judicial level.