Efficacy Studies Of Civil Enforcement Of A Settlement Agreement

Public relief is the last line of defending social disputes,and enforcement procedure is an important guarantee of the res judicata of effective legal documents.As a "killer" of seeking public power relief,enforcement procedure has already showed its powerless,when facing complicated cases in reality and containments of party autonomy in civil legal rights and obligations.After setting off the enforcement,the parties tend to seek reconciliation in the course because of implementation difficulties and the thinking of seeking greater benefits for both sides.The implementation of reconciliation,on the one hand,provides a soft landing opportunity for the implementation of effective legal documents,showing unique value of solving arguments.On the other hand,the intersection of free will of the parties and will of the state,adds to the trouble of proceeding implementation.When achieving the reconciliation contract fails,the restoration of enforcement procedure becomes the only choice of law.Sometimes the content of reconciliation action is not limited by the scope of the res judicata,and when it comes to the rights outside of the referee adjudication,the resumption of the implementation of original legal documents can not completely solve the dispute caused by the execution of the settlement contract.Lacking the orientation of reconciliation efficiency in execution of the procedure,the court has no unified principles to solve litigations against the execution of reconciliation.It may be inevitable that the results of judgements on similar cases are different according to the laws and regulations.Worse more,the results on the same case may be totally different in trials.The later trials refute the views of the previous ones.Through the statistical analysis of the specific operation in the judicial practice,the author analyzes the relevant provisions of the current legislation involved in the reconciliation of the procedure,and redefines the nature and effect of the settlement in this special procedure basing on the practice of legislation.Afterwards,the effectiveness of the implementation of the settlement contract is analysed in the aspects of execution force,actionability and the effect of newly added creditor's rights and debts.Furthermore,the author proposes some suggestions for reference: through the introduction of the procedures to vest the implementation of civil proceedings in the settlement of the contract with enforce the force,can be sued,and to give the parties whether to resume the implementation of the right to choose.