The Study Of The System Of Civil Execution Reconciliation

The System of Civil Execution Reconciliation in our civil action constitutes an important part of the civil execution process,for China’s current rapid economic development,social groups diversified,complex environment under the social governance is of great significance,reflecting the strong Efficiency and cheapness.The court decided to determine the rights and obligations of both parties,the implementation of the rights and obligations to determine the realization,but our "difficult implementation" has been troubled by justice and social stumbling,the implementation of reconciliation to a large extent contribute to the implementation of the referee,and further promote the implementation System improvement and social effect.However,there are still many problems in the implementation of the reconciliation system,which is more prominent is the laws and regulations on the implementation of the reconciliation system is too rough and principles,so that the implementation of the definition of reconciliation,nature,effectiveness of the rules and so on in theory and practice are not reached Unified understanding,which greatly hampered the implementation of the reconciliation system should have the effect and effect of play.In the current law,the provisions for the implementation of the settlement system are very inadequate.Legislation,the implementation of reconciliation procedures in the court is not clear,leading to the role of the court is not reflected;the implementation of reconciliation times,duration and other procedural provisions are not clear,causing delays in the implementation and non-implementation of the consequences,damage the interests of the applicant;Relief approach is single,is not conducive to protecting the interests of rights holders.In judicial practice,there is a misunderstanding of the effectiveness of the implementation of the settlement agreement,can not effectively play the role of the agreement and the legal use of the agreement;implementation of reconciliation and enforcement before the conflict,can not coordinate the two play a dual utility;The implementation of reconciliation of the lack of effective relief,leading to reality "and not understand" the predicament,and so on.In view of this,we should clarify the basic theory and effectiveness of the implementation of the settlement system on the basis of the problem and the lack of reasonable suggestions to improve.First,the legal effect of civil enforcement reconciliation should be given in legislation.In the entity,we should emphasize the substitution effect of the implementation of the settlement agreement,both to deny the implementation of reconciliation of the state when the coercive force,but also allow the parties to agree to a settlement agreement to replace the effective legal instruments,and the court review approval,the ruling end of the implementation.In the procedure,we shall grant the enforcement effect of the enforcement of the enforcement of the enforcement,which shall be applied by the parties and shall be limited.In the content,we have to recognize the effectiveness of the civil contract for the implementation of the settlement agreement,and based on the application of the basic remedies of civil contracts,the formation of binding on both sides.Secondly,to further clarify the status of the judge in the implementation of reconciliation.In the civil settlement process,the judge can not take the initiative to participate,but can not be completely exposed,should appear in a neutral manner,as the process of reconciliation in the process of interpretation,disclosure,and the role of reviewers for the parties to create a good Reconciliation of the environment.Again,to improve the relief and disciplinary measures that do not implement the settlement agreement.On the one hand,the parties to the court to review the recognition of the implementation of the settlement agreement approved the right to litigation;the other hand,the parties do not timely implementation of the settlement agreement to have certain penalties,In addition to the timely implementation of the party to pay the delay in the implementation of interest,but also its commitment to litigation costs,economic losses,in order to increase its economic responsibility to urge its active implementation of the agreement;In addition,you can try to establish a settlement guarantee system to enhance reconciliation The implementation rate of the agreement.Through these common roles,we can promote the implementation of reconciliation system.