On The Civil Execution Of Reconciliation

Civil execution reconciliation system is a system to explore the important achievements of China civil procedure law fields,it is to solve the problem of executive power,high efficiency of solving the disputes of the parties,saving judicial resources provides a new train of thought.This system,based on the autonomy of the parties concerned,is to realize the balance between the rights and obligations of both parties in the form of a settlement agreement.The judicial organs,the parties and the society are fully affirmed.This system first appeared in China's 1982 civil procedure law(trial),and it has been continuously improved through the revision of civil procedure law and judicial interpretation.In recent years,the Supreme Court has constantly strengthened the top-level design,vigorously promoted the implementation of standardized construction,and filled the gaps in the rules of implementation and reconciliation.In February this year,the supreme people's court on some issues of execution reconciliation regulations come on stage,the judicial interpretation on larger issues that exist in the judicial practice for a long time to make clear a regulation,to distinguish the perform reconciliation and reconciliation,determines the execution applicant can civil execution reconciliation filed a lawsuit,has been clear about the basis settlement issue to owe,ruling,to restore the situation to carry on the specific provision,pointed out the guarantee the effectiveness of the provision in the settlement.It provides a clear basis for the treatment of specific cases in judicial practice.But even so,the legislation still can't cover all the questions fully,some problem is still not clear the specific rules,such as: the time limit for the payment of the execution reconciliation and change the number of the settlement agreement is still not limit insufficient,lack of the judicial review system,the debtor relief channels,etc.,these problems will cause the delay performance of execution reconciliation cycle becomes very long,the parties such as the imbalance of rights and obligations of the phenomenon,with the purpose of the execution reconciliation,unable to give full play to the role of the system.This is where we need to improve in the future.This article is composed of five parts.The details are as follows:The first part explains the significance of the topic and the research status quo,research methods and innovation points.The second part is about the basic outline of civil implementation and reconciliation system.Of the meaning of civil execution reconciliation,and the related concept of analysis and the effect of these properties as well as the implementation of the settlement agreement shall have conditions detailed analysis,this paper expounds the civil execution reconciliation on the legislative and judicial development.Focusing on the analysis of the nature and effectiveness of the settlement,this has always been the focus of the theoretical debate.Through the analysis of different theories,this chapter puts forward its own understanding of nature and effectiveness in accordance with the provisions of Chinese law.The third part is to analyze the problems of civil execution and reconciliation in China and analyze the reasons.Question from two aspects of legislation and judicial interpretation,legislative aspect mainly from the law of civil execution time limit for the payment of the settlement agreement and there is no limit to the number of change,the lack of judicial review procedure and relief mechanism of the debtor shall not perfect this four aspects to illustrate.The judicial aspect is the situation where the executive intervenes and reconciliates and reconciliates.The reasons for these problems are analyzed from three perspectives,which are the legislative,judicial and the reasons of the parties themselves.The fourth part is the summary of the settlement of extraterritorial implementation.Lists the rules of the UK,Germany,Japan,the three countries,analysis of the civil execution reconciliation in these countries is how to embody and operation,comparing with our country,to a certain extent,it has reference significance on how to perfect the execution reconciliation system in China.The fifth part is about the problems existing in the civil implementation and reconciliation.Through to the time limit for the payment of the agreement and change here give a certain limit,increase the judicial review process,improve the rights of the debtor protection,executives in practice such as the extent of the right to participate in the settlement way to improve the system of the settlement.