Research On Civil Execution Reconciliation System

The civil enforcement of a settlement system is an important part of China's compulsory execution system,as has the characteristics of Chinese consensus dispute solution is widely used in the practice field,and has been highly praised by domestic and foreign scholars.Compared to civil enforcement procedures,implementation method of civil execution reconciliation system implementation scheme is also more gentle,more feasible,so as to achieve flexible and efficient litigant's legitimate rights and interests,safeguard judicial authority,safeguard social harmony and stability.But because our legislation is relatively simple,a lot of problems not clearly defined,resulting in practical and theoretical circles on many issues are controversial cases Such as: the nature of civil execution reconciliation is as private behavior,litigation behavior,two concurrence of act three theories of controversy,major differences also exist in practice.The existence of these disputes lead to civil execution reconciliation system in judicial practice and did not play its due function,has become some old Lai to avoid the execution,weapon to evade debts.Therefore,in order to solve the problem of "difficult to execute",perfecting the civil execution reconciliation system is very necessary.Firstly the concept from the civil execution reconciliation system of civil execution reconciliation is that the parties in the civil execution procedure,the outsider,through equality,voluntary consultation on how to realize the legal written agreement reached in the name of the implementation of the relationship between rights and obligations and by the executive body after examination may suspend or end the execution of legal activities the program.And analysis the related concepts,the basic conditions of civil execution reconciliation.The article further on the civil execution reconciliation system by theoretical analysis,put forward the legal foundation of civil reconciliation including the disposition principle,reconciliation is mode of thinking of right remedy and the principle of honesty and credit The three aspect,it is clear that the nature of the implementation of the settlement should adopt the theory of concurrence of the two acts,and the effectiveness of the implementation of the reconciliation of a simple analysis to clarify the basic theory of the implementation of the settlement systemThrough the investigation and analysis,Luoyang City People's Court judicial cases and the statistical data for the case of execution reconciliation in the judicial practice,put forward and there are a lot of problems plaguing the actual execution of police officers,including the implementation of the settlement agreement enforceable dispute,conciliation of execution performance of the security system is not perfect,the execution reconciliation guarantee law the dispute of the effect of the implementation of the settlement agreement the guarantor whether additional for the debtor.The author finally according to the execution reconciliation system exists in the judicial practice problems,put forward my own views on how to improve the system: first,to clarify the basic principles of civil execution reconciliation.Second,legislation Due to the limit of giving the implementation of the settlement agreement enforceable.Third,perfecting the execution reconciliation review procedures.Fourth,improve the implementation of reconciliation guarantee system.Fifth,conditional release has taken enforcement measures.Sixth,improve the implementation of the settlement agreement in the security system.In the conclusion part of this paper,a brief overview of the full text,and pointed out that with the continuous improvement of China's legislation,the civil execution reconciliation system will play a more important role...