The Research Of Suability Of The Enforcement Of Settlement Agreement

Whether the implementation of the settlement agreement is suable is an oldfashioned question,and there have been controversies in this field in theory and judicial practice.The fundamental reason is that the first is that there is no unified consensus on the nature of the implementation of the settlement agreement,and it cannot provide a justified basis for the suing of the settlement agreement.There are four main theories on the nature of the implementation of the settlement agreement in the theoretical circle,one of which is more reasonable,and it is also in line with the actual situation in China.That is,the execution of the settlement agreement is an act of reaching a contract between the parties.However,this behavior is a special behavior with dual attributes.This behavior has the dual nature of litigation and private law.As far as its private law is concerned,it should be suable.The second is whether giving the enforceability of the settlement agreement suspiciousness would violate the principle of repeated prosecution and there are also disputes over the rules of judgment.The content of the implementation of the settlement agreement is complicated.Theoretically,granting the suitability of the settlement agreement will not constitute repeated prosecution,nor will it violate the rules of judgment.However,from the analysis of China's current laws and regulations,a small part of the implementation of the settlement agreement has changed less than the original legal instrument.Prosecution for the implementation of the settlement agreement may indeed violate the legal provisions on repeated prosecution.In a word,comprehensive consideration should be given to enforceability of the settlement agreement,but it is not absolutely suable,and it should not be applied to all types of settlement agreement.The implementation of the settlement agreement takes different remedies.When conferring suability on the execution of the settlement agreement,only granting the executor the right to sue separately does not take into account the complexity of the execution of the settlement agreement.The content of the execution of the settlement agreement is complicated and many parties exist.Happening.At this time,the party that fails to perform the obligation or the party that performs the defect is not only the executor,but the executor may also become a non-compliance party,so it is necessary to give the parties to the settlement agreement the right to file another action.In addition,at the legislative level,provisions should be made for the time limit and number of times for the implementation of settlement agreements.A long performance period is not conducive to the protection of the rights of both parties,and a short performance period is not conducive to the performance of obligations,and a relatively compromise provision should be made.The same is true for the number of completions.A large number of completions may result in a large number of litigation,waste judicial resources,and is not conducive to the settlement of disputes.In short,after making it clear that the settlement agreement is suable,there are still many problems that need to be regulated at the legislative level.