Exploring The Practical Problems Of Implementing Reconciliation

The implementation of reconciliation is a special system of civil enforcement in our country.Its flexibility,convenience and ease of implementation have played an active role in resolving conflicts,settling disputes in a timely manner,promoting social harmony and resolving"difficult implementation".To further improve the implementation of the system of reconciliation,make full use of it and give play to the role of implementation of reconciliation,we will resolve conflicts more effectively,safeguard the rights of creditors,save litigation costs and judicial resources,realize procedural fairness and substantive justice,promote social harmony and stability,and promote social harmony Governance ability to improve.However,with the continuous progress of economy and society and the development of judicial practice,the current implementation of the reconciliation system also exposes some problems in practice.The theoretical research fails to form a unified opinion or an absolutely mainstream view,and there is no overall institutional framework for legal norms and inconsistent standards in practice,making implementation reconciliation increasingly criticized.Combining with the reality of the implementation of the settlement system,it is of great practical significance to discuss the implementation of the reconciliation system in judicial practice and put forward the ideas and measures to change the dilemma of judicial practice in order to implement the reconciliation system.The first chapter begins with the general theory of the implementation of reconciliation and introduces the concept of implementation of reconciliation,the history,the foundation of jurisprudence,characteristics,nature,value and implementation of the main content of the reconciliation system.The second chapter of this article focuses on the analysis of the problems and causes of reconciliation in practice.Based on the actual research data,combined with a large number of cases,the plight of implementing reconciliation in practice is truly reflected.The third chapter of this article is based on the problems and analysis elaborated in chapter two,and puts forward feasible suggestions.First,it is necessary to promulgate a special judicial interpretation on the implementation of the reconciliation system as soon as possible.Second,it is necessary to clarify the procedural and substantive effectiveness of the reconciliation agreement.Third,to determine the scope and scope of the review of the implementing organization,Fourth,to broaden and improve the implementation of the settlement of disputes relief approach,mainly from the implementation of the settlement agreement has the force of execution,a clear implementation of the settlement agreement can be another appeal,Fifth,it is necessary to further regulate the implementation of the issue of security in the settlement,it is necessary to clarify the property and legal effect of the implementation of the reconciliation guarantee as well as to standardize the implementation of the reconciliation guarantee procedure.