Research On Civil Execution Reconciliation System

In recent years,the people's courts have made every effort to consolidate the achievements of the basic work to solve the difficulties of implementation,and strive to make progress towards the goal of effectively solving the difficulties of implementation.In the short term,execution reconciliation plays an important role in the special campaign about "the basic solutions to the difficulties in implementation",which is an effective solution to the difficulties of implementation;in the long run,the execution reconciliation will occupy an important position in the upcoming Enforcement Law.The legislation and the operation of judicial practice of civil execution reconciliation system have become the focus of common concern in academic circles and judicial practice in recent years.Although it have resolved the disputes that have been plaguing judicial practice,such as the plasticity of the execution reconciliation agreement,and have harmonized the law enforcement standards of the local courts to a certain extent,the Enforcement Execution Reconciliation Provisions only confirms that the nature of the implementation reconciliation agreement is a private law contract.The ineffectual effect of the agreement still restricts the functions of the agreement,resulting in the increasing uncertainty and complexity when execution implementation agreement is used as a way of implementing the cases.Besides,the civil execution reconciliation system still needs to be improved.On the basis of the previous research results,the author combinedwith a grass-roots people's court implementation of reconciliation cases,Chinese judgment document network published by courts in various places and the implementation of reconciliation related to the guidance of the case bulletin case and other judgment cases.This thesis studies the problems and improved measures of implementing reconciliation system by means of empirical analysis.From the perspective of judicial practice and research status after the implementation of the provisions on civil execution and reconciliation,the author finds that China's civil execution and reconciliation system still have defects in the legislative and judicial aspects,which limits the play of the system's due advantages.The actual demand for the diversity of implementing settlement agreements contradicts the insufficient supply of legislation.Legislative problems exist in legislative principles,types of agreements,effectiveness of agreements,scope of court review,relief mechanisms,etc.,leaving "if and how it should be handled" a difficulty for the enforcement.In actual legal practices,the judicial evaluation mechanism is unreasonable,the settlement system is not standardized,and reconciliation is outstanding,and the reward and punishment system is not perfect,which as a whole weakens the function of enforcement and resolution.To resolve aforementioned issues,it is necessary to improve the enforcement settlement system and take targeted measures in both legislation and judiciary: to establish basic principles in legislation,refine the types of agreements,grant limited enforcement power to enforce settlement agreements,clarify application rules,and improve relief procedures,etc.;to improve the case evaluation system and norms in the judicial case closing management,and establish a reward and punishment system.