Study Of China's Civil Execution Reconciliation System

As an important procedure in civil action,civil execution procedures to safeguard the lawful rights and interests of the parties to execution.However,restricted by many factors,the executor is difficult to achieve the effect.It reduces the efficiency of the court.Under this background,the ‘execution reconciliation' execution dispute resolution mechanism.However,as a result of the execution reconciliation system produce relatively late,the system also exposed many problems.Firstly,the academic circles on the nature of civil execution reconciliation,effectiveness and other issues have not yet reached a consensus.Second,due to violation of the settlement agreement without restriction,part of the person subjected to execution to delay the execution,often lead to all kinds of unhealthy phenomenon.In Anglo-American law system,the execution reconciliation is a private law behavior,once the parties request the court ruling,the compulsory execution reconciliation contract.If one party fails to perform the contract,the other party may apply to the court for compulsory execution.The system can guarantee for the implementation of the settlement agreement,however,if a party refuses to perform,could start a new application.Mainland legal system for civil execution reconciliation system is not clearly defined,but there are performing the spirit of reconciliation.About the nature of the civil execution reconciliation,a positive attitude of the countries that perform settlement can have the effect of the end executor,and sceptical countries are not on the effectiveness of the execution reconciliation agreement expressly.In the aspect of legislation,there exist some problems in the civil execution reconciliation system in our country.Perform reconciliation nature of regulation is unknown,the settlement agreement is weak,the provisions of the settlement agreement the guarantor is unknown,the provisions of the court for compulsory execution measures are unknown.In the judicial practice,the civil execution reconciliation system in our country there is a problem.Judge,mixed in the execution reconciliation,the mediation,perform reconciliation remedy mechanism is not sound,the settlement agreement in violation of the prohibitive provisions of law.To solve these problems,need to work together to explore the path to solve the problem.