Study On Judicial Review Of Civil Execution Reconciliation Agreement

The life of law lies in the realization of law,and execution is the indispensable form and way for law to obtain life.Since 1982 the "Civil Procedure Law(Trial Implementation)" for the first time that the implementation of reconciliation in our country has been used for more than 30 years.In the judicial practice,the system of settlement of reconciliation embodies the functions and values of effectively resolving difficulties in enforcement,settling disputes in a timely and efficient manner,saving judicial resources and promoting fairness and justice.It is widely used in judicial practice.But over the past 30 years,the nature of the implementation of reconciliation and the effectiveness of the settlement agreement are still controversial in the theoretical circle.Especially on the nature of the agreement is not a recognized,leading to the current legislation for the relief effect,the implementation of the settlement agreement of provisions is not clear,in practice when dealing with cases of judicial standards,operation chaos,which led to the execution reconciliation value cannot be fully reflected.This paper discusses the system of civil execution reconciliation system status and judicial practice problems,points out the deficiency of current legislation of civil execution reconciliation system: reconciliation agreement is not clear,the responsibility for review is not clear.This paper analyzes the nature of the executive conciliation agreement and its influence on the effectiveness of the implementation of the settlement agreement,and also analyzes the judicial review of the implementation of the settlement agreement from the angle of its essence and function.That has the nature of execution reconciliation proceedings,the people's court shall review the legality of the execution of the agreement the authenticity of the content and enforceability of settlement agreement by the people's court for judicial confirmation,given the execution,the practice is not only to maintain the integrity of legal social harmony,but also to save judicial resources,improve the efficiency,has the major practical significance.In addition to the introduction and conclusion,the paper is divided into four parts.The first part is about the legislative deficiencies and practical difficulties of the system of reconciliation.This paper expounds the current legal system of the civil execution reconciliation system in our country,and points out the shortcomings of the legislation and the main problems existing in the judicial practice.The second part is the analysis of the nature and execution of the settlement agreement.Starting with the relationship between effectiveness and the execution of the agreement from the originating effect,first analyzes three kinds of situations affect the execution effect of the settlement agreement,then discusses the nature of execution reconciliation determines the execution of the implementation of the settlement agreement.The third part mainly analyzes the nature and function of judicial review of the implementation of the settlement agreement.To investigate the nature,function and benefit of judicial review,and to clarify the legal principle,dispel the confusion and solve the related problems of the execution power of the settlement agreement.The fourth part focuses on the confirmation of judicial review in the judicial analysis,a feasibility study of the judicial confirmation of the execution of the agreement,given the executive judge of the pacification agreement and substantive right,clear the scope of the review.Two,on the executive staff of the implementation of the settlement agreement review,confirmation of power and procedures,gives perfect suggestions and initiatives.The last part is epilogue.