Research On The System Of Civil Execution Reconciliation

The reconciliation system of civil execution is an important part of civil execution in China.It has been widely used in the judicial practice of civil execution,and has played a great role in resolving the problem of "difficult execution" in judicial practice.This article further elaborates the concept,conditions,nature and value of the civil enforcement reconciliation system by analyzing the cases of S City two-level courts.Based on the research and experience of many experts and scholars on civil enforcement settlement agreement,the article further elaborates the connotation,nature,conditions and value of civil enforcement settlement agreement.With the rapid development of social economy and the vigorous promotion of judicial practice,the implementation of the reconciliation system has also exposed some problems worthy of in-depth consideration.Without specifying the number of changes in the execution of the settlement and the time limit for the performance of the settlement,the conclusion of the implementation of the settlement agreement often means the transfer of creditors' rights,without restricting the number of changes in the settlement agreement and the time limit for the performance,and the concessions will only make the rights more diluted.There is no clear enforcement of the effectiveness of the settlement agreement,and the current system of enforcement and settlement is weak,which is not conducive to the settlement of disputes.There is no provision for the review system of the implementation of the settlement agreement,because the limited legal literacy of the parties and the fact that the executed person is accustomed to delaying the implementation of the settlement agreement in the name of reconciliation,the necessary review should be given to the implementation of the settlement agreement.The remedy system of execution reconciliation is not perfect,lacking the remedy of the executed,and the remedy of the applicant and the guarantor when the executed has no tendency to perform.In addition,the problems in judicial practice are also noticeable.To varying degrees,there are judges leading the reconciliation and the "reconciliation but outstanding" of the case.These problems have brought many inconveniences to the implementation of reconciliation.If they can not be solved in time,it will not be conducive to the realization of creditors' rights,and then affect the social harmony and stability,and even more is not conducive to the construction of our country under the rule of law.In theory,enforcement reconciliation is a legal system in which the parties involved and outsiders reach legal written agreements through equal and voluntary consultation in the civil enforcement procedure,so as to achieve the purpose of changing the original effective legal documents,and can suspend or terminate the execution procedure after being examined by the executing agency.In this regard,we should improve the implementation of the reconciliation system from the following aspects.The number of changes in the execution of reconciliation agreements should be limited to no more than three times and the period of performance should be limited to no more than two years;the enforcement of reconciliation agreements should be given compulsory force through the implementation of reconciliation determination procedures;the judicial review procedures for the execution and reconciliation should be added;the provisions of "non-performance of the right of defense" should be added,the debtor's objection should be introduced to improve the system of execution and reconciliation relief,and Assessment and ex post supervision mechanism to solve the problem of reconciliation led by executing judges and the confusion of " reconciliation but outstanding " of cases.