Research On The Civil Execution Reconciliation

The civil execution reconciliation system has been developed and shaped in China through continuous revision,enrichment and improvement of legal and judicial interpretations.As a system with its own characteristics in the field of civil enforcement,it has been highly praised by foreign scholars.But at the same time,it has been controversial in the academic and practical circles in China.Scholars have different definitions of the concept of executive reconciliation.There are different theories about the nature of the implementation of reconciliation.In addition,there are many problems in the practical application of this system.The civil execution reconciliation system has become the main topic in the field of civil enforcement.However,the implementation of the reconciliation itself has the characteristics of low cost,high efficiency,simplicity,and so on,and exhibits a very high applicability rate in enforcement.Through this system,the parties can voluntarily reach an agreement,and then realize the balance of interests of both parties in a way of autonomy.It should be said that this is a trend that is consistent with the development of civil cases.Because civil rights holders have the right to dispose of them,and in the execution of procedures,of course,they can also give in or give up part of their own implementation benefits.In jurisprudence,the principle of party autonomy can be extended from civil trial procedures to executive procedures,the most important of which can reflect freedom of contract and freedom of punishment.Along with the deepening of the functions and values of the implementation of the reconciliationsystem,in practice more and more parties to the execution of the case use the implementation of reconciliation,which not only runs through the principle of the party’s right to freedom,but also improves the efficiency of case handling,saves judicial costs,and conforms to the construction of harmony.The inherent requirements of a beautiful society.In judicial practice,many of the enforced persons who execute the case lacking of performance,or they still have complaints about the effective judgment and are unwilling to perform their obligations.At this time,the law allows a modified system to be replaced by reconciliation,thus implementing the settlement.It is getting more and more widely used in real life.However,it is undeniable that there are still many problems in the implementation of the settlement system.For example,some executive debtors maliciously reached a settlement agreement,and after the court ruled that the execution of the procedure was suspended,the transfer of their property was actually the implementation of the settlement as a tool for delaying time and evading debt.In order to achieve the purpose of reconciliation,some parties have committed fraudulent or coercive acts,forcing the parties to agree to reconcile and strive for the greatest benefit for themselves.In addition,the courts unilaterally pursue the settlement rate,use public power to intervene or force the parties to reach a settlement agreement in disguise,which not only violates the will of the parties,but also undermines the judicial authority and credibility.It is precisely because of a series of problems in theory and practice that many cases and unsolvable results have been caused,which makes it difficult to embody the superiority of the implementation of the reconciliation system,so that it cannot exert its functions for judicial practice.Therefore,it is necessary to revise and supplement the relevant norms of the implementation of the reconciliation system,improve the relevant procedures in the practice,analyze the existing problems,and propose reasonable solutions,in order to improve the system of civil execution and reconciliation.It has important theoretical and practical meaning.This paper consists of four parts,in accordance with the outline of the civil execution reconciliation system,the analysis of the nature and effect of the settlement agreement,theperformance of the execution settlement agreement,and the order in which the reconciliation state is released.The first chapter is a basic overview of the civil enforcement reconciliation system.It mainly analyzes the three aspects of the concept,characteristics and value of civil execution reconciliation.Through the preliminary brief discussion of its basic theory,it distinguishes what is the connotation of reconciliation,and then implements reconciliation and litigation settlement in the field of civil litigation.The mediation of these two legal systems,as well as the implementation of mediation with less scholars,are compared and discriminated separately to clarify the similarities and differences between the implementation of reconciliation and the other three concepts.The difference between the implementation of reconciliation and other legal systems mainly focuses on the aspects of the subject,the target,the stage of application,and the effectiveness of the generation.This makes it possible to clearly distinguish the differences between the implementation of the reconciliation system and the similar system,and to implement the reconciliation system.A more thorough understanding of what a system is.Finally,combined with the current background of “difficulties in implementation”,exploring the value of implementing reconciliation,from the three perspectives of reflecting the principle of disposition,saving judicial costs,and resolving disputes,better explains why we should create such a system.It is precisely because the implementation of the reconciliation system has a certain help in solving the long-standing implementation problems in judicial practice,so it is necessary to re-examine it.The second chapter analyzes the characteristic and effect of the implementation of the settlement agreement.The implementation of the settlement agreement can be said to be the soul and core of the implementation of reconciliation.Its nature and effectiveness have different effects on how to set up relief channels for the implementation of reconciliation.This part begins with the implementation and implementation of the settlement agreement,not only must have the four elements of the general civil contract,namely the subject,content,meaning and form requirements,the parties must also submit a written agreement to the implementationto affect the implementation process intention of.In the process of analyzing and implementing the settlement agreement,it is not difficult to find out that there is a phenomenon of executive intervention or disguised intervention in the judicial practice.Therefore,this paper analyzes and proposes corresponding countermeasures.Secondly,it discusses the nature of the implementation of the settlement agreement in the academic circle.The mainstream view includes three different modes: the private law behavior theory,the litigation behavior theory,and the second behavior combination theory.It analyzes the different viewpoints of the theoretical circle,so that the implementation of the reconciliation system can be fully and thoroughly understood.Finally,there are three questions about the effectiveness of the execution of the settlement agreement: the circumstances in which the settlement of the settlement is implemented,the situation in which the settlement agreement is not performed,and the situation in accordance with the implementation of the settlement agreement.In each case,the issue of the relationship between the settlement agreement and the execution procedure is summarized in more detail.Through this chapter on the implementation of the basic theory of reconciliation,especially the understanding and analysis of the nature and effect of the implementation of the settlement agreement,will help to find out the relevant problems in the implementation of the reconciliation system,and also to implement the implementation of the settlement agreement and the state release Two things are paved.The third chapter is the many problems in the implementation of the civil execution settlement agreement.The main performances are as follows: First,the implementation of the court’s follow-up of the implementation of the settlement case is not in place,and it is impossible to bury hidden dangers for the implementation of reconciliation.Second,the current law lacks clear regulations on the number of executions of settlements and the number of performances.As a result,the long-term and multiple-repentance situations in practice have affected the normal and efficient implementation of the work.Thirdly,at present,the judicial interpretation only stipulates that the ruling on material debts should not be made in accordance with theimplementation of the settlement agreement,and the follow-up procedures for the debt-for-equity treatment have not yet been specified.Fourth,the actual implementation rate of the implementation of settlement cases is low,resulting in a backlog of many “and unsolvable” cases,and it is not a cure for the “difficulties in implementation”.In this regard,on the basis of analyzing these several problems,combined with the implementation of reconciliation practices in other countries and regions,further improvement measures have been proposed.This includes strengthening the implementation of the judges’ supervision and follow-up of the implementation phase of the implementation of the settlement case;clarifying the number of implementation of the settlement and the limitation of the implementation period;supplementing and improving the follow-up procedures for the debt-for-debt from the legislative level;and strengthening the enforcement of the necessary judicial review of the court for the implementation of the settlement,and many more.The fourth chapter is about the release of the state of reconciliation.Since the implementation of the settlement agreement has the nature of private law,it does not directly produce the validity of the procedural law.When the execution of the settlement state is lifted,it does not of course return to the situation before the implementation of the settlement.However,the law gives the parties two types of remedies that can be applied for resumption of execution and for filing a settlement agreement with the enforcement court when the execution of the settlement agreement is not fulfilled.On the basis of researching the remedies,the subject matter of the relevant litigation,procedural issues,guarantees for the third party after the restoration of execution,restoration of the executed part of the original effective legal document should be deducted,and the construction of the debtor’s objection Think in order to fully rationalize the relief mechanism for the implementation of reconciliation.Through the above analysis and argumentation,the author hopes to clarify the problems existing in China’s civil execution reconciliation system,and provide reference factors for improving the legal provisions on implementing reconciliation inthe future,which can make a small contribution in the process of perfecting this system.The implementation of reconciliation is a system with China’s native colors.During the past 30 years of development,the academic community has been studying its in-depth research,constantly injecting fresh blood,and the system has been implemented in the implementation process.The role is also obvious to all.Therefore,in order to make this system better serve the people,it is indeed able to solve problems and problems in practice,and we must constantly improve this system so that the implementation of the reconciliation system can serve the society.The author firmly believes that China’s civil enforcement reconciliation system will be increasingly perfect.