| "With the law not being implemented effectively,then many laws are also empty papers.Governing the country according to law will become an empty talk." For many years,the "difficulties in implementation" that affect the judicial authority of the judiciary have not been effectively resolved.Of course,Zhou Qiang,the president of the Supreme People’s Court,made a "two to three years to basically solve the implementation difficulties" at the 2016 People’s Congress.One of the backgrounds of a solemn commitment.The winning party cannot realize the rights after it has been legally determined.Even after entering the enforcement procedure,a large number of cases cannot be executed even if the court exhausts all means of execution,because the enforced person has no property to implement.Execution cannot." It can be said that the enforcement procedure does not fully satisfy the rights of all parties to achieve the lawsuit.Therefore,in the case of derivative civil enforcement,the parties "implement"the application between the executor,the enforcee and the court by signing the execution settlement agreement.Contradictions have gradually become an effective means of implementation.In practice,whether it is mediation in civil affairs or reconciliation in execution,it is the best way to resolve social conflicts and reduce disputes against social conflicts.Therefore,from this perspective,the implementation of reconciliation should be promoted.There are also well-known theories in the Western legal proverb that "reconciliation is the most appropriate enforcement",which is no longer a description of the way in which disputes are commonly used in the practice of reconciliation.Execution of the reconciliation system with its advantages of low cost and high efficiency has great practical significance for solving difficult problems in the implementation of judicial practice.However,the Civil Procedure Law of Article 280 of the General Provisions only enforces the reconciliation of Article 230.A simple rule to reach a settlement agreement and a non-fulfillment of the settlement agreement to restore the original judgment.Since the enforcement of the settlement agreement is not legally enforced,in practice,when the execution settlement agreement signed by the two parties completely overturns the original judgment,the provision cannot be settled when the original judgment is not implemented.The recurrence of disputes cannot tellthe parties what kind of relief can be obtained when the rights and interests are damaged,or even the embarrassing situation that both parties are required to perform the settlement agreement but cannot perform.This paper starts with an analysis of the basic theory of the implementation of the settlement agreement,through the analysis of the three real cases encountered in the author’s actual work as the entry point-the problem is subverted after the judgment is subverted,leading to the lack of law for the parties to enforce the settlement dispute dispute rights,a single The implementation of the legal remedy of the settlement agreement cannot guarantee the legitimate problems of the legitimate rights and interests of the parties,and in the analysis of the nature of the implementation of the settlement,the use of a negative implementation of the settlement agreement jeopardizes the res judicata,negating the implementation of the settlement is a settlement in litigation,and negating the implementation of the settlement agreement is not a civil contract and negation.Execution of the settlement agreement violates the four negations of the principle and the four negations to uncover the mystery of the implementation of the settlement,and analyzes the relationship between the execution of the settlement agreement and the original effective judgment,the settlement in litigation,the civil contract and the principle of ignoring the matter.Rationalize the discussion.Finally,it puts forward suggestions for the implementation of the remedy for the settlement agreement.In particular,this paper innovatively proposes to introduce“rejection” into the implementation settlement agreement,and changes the single implementation of the settlement agreement in the case of non-performance.Legal remedies. |
