Research On Civil Execution Reconciliation System

The Civil Execution Settlement System has become more and more widely used in the process of closing cases in the courts in recent years.This system not only efficiently resolves disputes between parties,but also provides a new way to get rid of the difficulty of enforcement and save judicial resources Ideas.This system is based on the principle of autonomy of will and the form of signing a settlement agreement,which realizes the balance of the rights and obligations of the parties and maximizes the legitimate rights and interests of the parties.However,with the rapid development of the social economy,the defects of the civil enforcement reconciliation system gradually emerged.Due to the inadequacy of the provisions on the civil enforcement settlement system in China's legislation,and the lack of effective regulatory methods in practice,civil implementation settlement agreements are often not fulfilled in practice.Therefore,this article aims to carry out a detailed discussion on the problems and causes of the system,in order to make up for the defects and deficiencies of the system.This article consists of three parts:introduction,body and conclusion.The body consists of five chapters,as follows:Chapter 1 is based on the relevant theories of China's civil execution settlement system,combined with the research and summary of the nature and effectiveness of civil execution settlement.Among them,this chapter focuses on the analysis of the nature and effectiveness of the implementation of reconciliation,and through analysis and comparison of different doctrines,the author's understanding of the system is put forward,which lays the foundation for the following.Chapter 2 is based on the " Provisions of the Supreme People's Court on Certain Issues concerning the Implementation of Settlement"(hereinafter referred to as " Several Provisions on the Implementation of Settlement").Before its introduction,the legislative status quo and problems of China's civil enforcement settlement system.After its implementation,analyze and summarize the promotion of civil execution settlement.Chapter 3 analyzes the problems in China's civil enforcement settlement system.It is explained from two aspects of legislation and judicial practice.The legislation introduces from the six aspects of unclear nature of implementation settlement,weak effectiveness,unclear review responsibility of judges,unsatisfied deadline and number of changes,and lack of application for relief mechanism.Judicial practice analyzes from three aspects:reconciliation,mediation,reconciliation,and agreement content violating laws and regulations.Chapter 4 analyzes the causes of the above problems from three perspectives:legislative,judicial and the parties' sense of integrity.Chapter 5 puts forward suggestions for perfecting the problems in the civil execution settlement.Legislatively passed regulations that clearly clarified the basic principles,nature,effectiveness,performance period,and court review scope of the settlement.Judicially improved the evaluation mechanism for judges,prohibited enforcement personnel from interfering with settlements,preventing enforcement of settlement reconciliations,establishing case follow-up information System to facilitate the effective implementation of settlements.