Research On The Settlement Agreement

Execution reconciliation plays an important role in solving the execution disputes and alleviating the problems of execution.As the core of the execution reconciliation system,the execution reconciliation agreement is a special agreement signed by the parties based on equal and voluntary consultation in the execution stage.However,the implementation of the reconciliation agreement in judicial practice is not ideal,resulting in the implementation of the reconciliation system in the implementation stage is difficult to play its role.The theoretical circle has studied and analyzed the basic theory of the execution settlement agreement and the relationship between the agreement and the original effective judgment,and formed different theories,but no theoretical consensus has been reached.On February 23,2018 the supreme people's court has issued new judicial interpretation the regulation of some issues concerning the execution reconciliation,(hereinafter referred to as " the execution reconciliation rules "),in order to solve the execution reconciliation agreement apply in judicial practice,many problems encountered in,the new judicial interpretation to solve part of the problem,but the execution of the settlement for there are still many obstacles.In judicial practice,the implementation rate of the agreement is low,and the application effect of the agreement is not ideal.At the same time,after the non-performance of the implementation of the settlement agreement,the contradiction is prominent.How to solve the non-performance of the agreement,the parties' agreement on the enforcement effect of the implementation of the settlement agreement,and how to realize the protection of the rights of creditors and debtors have become an urgent problem to be solved.This article takes the non-performance of the agreement as the entry point,analyzes the underlying reasons behind the obstacles to the implementation of the agreement,and analyzes the applicable difficulties faced by the non-performance of the agreement.At the same time,some improvement Suggestions are put forward to help the implementation of reconciliation agreement overcome the obstacles to the implementation in judicial practice,analyzes the relief dilemma faced by the non-performance of the agreement,and give full play to its role in the implementation of reconciliation system.This paper is divided into four parts.The first part clarifies the basic theoretical issues such as the concept and nature of the implementation settlement agreement.The second part analyzes the application status of the agreement in practice,starting from the status quo of non-performance of the agreement,analyzes the reasons for non-performance of the agreement,and the relief problems after non-performance of the agreement.The third part draws lessons from the British,Japan,Germany and our country Taiwan area related legislation experience;The fourth part puts forward countermeasures to break through thedifficulties in the application of the settlement agreement from the aspects of guaranteeing the performance of the agreement,improving the relief mechanism after the non-performance of the agreement and the supporting measures for the application of the agreement.