On The Procedure Of Execution Reconciliation

The implementation of reconciliation is one of the important civilprocedure law to establish system of execution.The civil procedure law(trial)was first proposed after continuous again by understanding and the understanding.On the one hand,the implementation of reconciliation system can make the difficulty of execution easily,and also it can solve disputes timely and efficient.To safeguard the legitimate rights and interests of applicant executor and the person subjected to execution,and to promote fair justice safeguard judicial authority.But at the same time,the legal connotation of execution reconciliation system has not been fully understanding,the nature of the execution reconciliation system,effectiveness problem understanding fuzzy,resulting in the judicial practice level appear disposal program which is relatively chaos,appearing "different kind of case processing",intensified the contradiction between the parties and the court,which is unfavorable to maintain judicial authority.In this paper,The nature of the execution reconciliation systememphasis on execution reconciliation.It may have any effect on the procedural law,so as to clarify which ought to be in a state of program disposal of different forms.The main text includes four sections.Part 1,by summing up the different ways of disposal category through the courts for execution reconciliation cases in the judicial practice,and putting forward the que stion,the execution reconciliation after disposal program is more chaos and refused to perform disposal programwhen performing settlement agreement.Part 2,execution reconciliation system analysis about the connotation,nature and effectiveness problems due to the execution reconciliation which is through independen t consultation between the parties,which will take effect the rights and obligations sp ecified in legal document content to reach an agreement on the implementation to repl ace the original effective legal documents,and end the execution of a system.The nat ure of the reconciliation is not only as a private contract,at the same time it can als o have attached along with the gender action nature.When finished agreed to the con tent of the agreement,the two sides agreed changes to legally effective,effective relat ionship between both parties rights and obligations specified in legal document to eliminate,in case one party back,then the agreement is not legally binding on the parties,the right holder can still request according to the original effective legal judgment en forcement.The implementation of reconciliation does not destroy the original effective judgment,of course,in line with the "new debt repayment",which can also involves the execution reconciliation by the effect on the substantive issues.The implementati on of reconciliation agreement is no execution,but does affect the process of executio n.But current laws and regulations for the execution reconciliation agreement after the disposal program are scattered appear even against legal theory,the theoretical circle have different dispute,the author thinks that "the distinction between" the most reason able,will perform differently than the implementation of the settlement agreement.Part 3,by listing executed after reconciliation procedure disposal of state of the j udicial practice,analyses the existing problems and disposal and ought to be state pro gram status should be "suspended","suspend","end" and "completed".Part 4,it highly correspond to the four program after the disposal of relief,after refusing to perform the implementation of reconciliation process,and perform the rec onciliation system from theory to practicefrom the court procedures disposal to the reli ef of full system analysis,in order to solve theexecution reconciliation system in judic ial and legislation practice in the embarrassing situation.