On The Settlement Of Civil Execution

The implementation of the reconciliation system is a reflection of the implementation of the penalty principle.It is also an important way to realize the creditor's rights recognized in the effective legal instruments and resolve the “difficulties in enforcement”.The "implementation of reconciliation regulations" recently introduced by the Supreme People's Court in February 2018 clarified the content of the enforcement of settlement agreements and the validity of guarantee clauses.However,the issues concerning the nature and effectiveness of settlement agreements still need to be discussed in depth.The article reveals the major controversies in the implementation of the reconciliation system in China at this stage through typical cases.Based on the analysis of the main theories on the nature of the implementation of reconciliation,the article proposes that the “one-behavioural and two-property theory”is more consistent with the connotation of China's implementation of a reconciliation system.The implementation of reconciliation differs from the implementation of self-reconciliation.The public powers of the courts infiltrate the process of reconciliation.Therefore,clarifying the status and functions of the people's courts in the process of reconciliation is the guarantee for promoting the healthy operation of the system.The article proposes to improve the rights protection and relief mechanisms in the implementation of reconciliation in China by clarifying the party's unsafe right of defense and introducing the debtor's objection to complaints system.At the same time,it should improve the penalties for the malicious execution of conciliation.