Font Size: a A A

Research On The Judicial Review System Of Civil Execution Reconciliation

Posted on:2021-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:Z ChenFull Text:PDF
GTID:2416330647954314Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As a system innovation to solve the problem of difficult execution in our country's implementation work for a long time,the implementation reconciliation plays an important role in the complex implementation practice.The execution reconciliation can not only reduce the difficulty of the execution of complex execution cases and improve the execution efficiency,but also play a role in easing the tension and opposition between the parties.There are still some theoretical disputes in the construction of the execution reconciliation system that have not yet been solved,and there are some deviations in the application of the court in the execution work,resulting in the functional alienation of the execution reconciliation system.Introduced in February 2018,the regulation of some issues concerning the execution reconciliation "(hereinafter referred to as" the execution reconciliation rules ")to greatly improve the execution of the original settlement legislation,has been clear about the execution reconciliation to distinguish a reconciliation and execution,implementation of the settlement of actionable,settlement relief,executive performance after the flaws of the settlement of such problems as the validity of the guarantee clause.Among them,the provision that the parties can file a separate lawsuit for the defective performance after the completion of the settlement agreement reflects the legislators' consideration of the separation of examination and execution,which has great significance of progress.However,the provisions on the implementation of the settlement did not absorb and supplement the provisions in the draft law on civil enforcement that the enforcement agency should review the settlement agreement.There are many problems in the specific application of the implementation of reconciliation,such as the illegal and unclear contents of the reconciliation agreement,the content of the agreement is not feasible at the time of conclusion,so that the implementation of the reconciliation system "idling",or even make the case into a difficult situation.At the same time,in the process of the execution and settlement confirmed by the execution court to the execution and conclusion of the case,there are also a lot of matters that need to be reviewed by the execution agency to be further improved and refined.In order to give full play to the system function of the execution reconciliation,this paper,on the basis of affirming the judicial review of the execution reconciliation agreement,first makes clear the concept of the civil execution reconciliation judicial review system,and discusses the nature and necessity of the execution reconciliation judicial review.Starting from the nature of the right of execution review,on the basis of adhering to the principle of separation of examination and execution,this paper discusses the scope of the right of execution review and defines the subject of the right of execution review.Second,according to the execution reconciliation from establishment to the performance of the case,the order of the context,probing into the civil execution reconciliation in court for judicial review of specific objects and contents,including whether the eligibility on the parties,meaning said true,content is clear and feasibility,the legality of the examination,and execution of court to the person subjected to execution to fulfil,fulfill settlement,has some computational deduction,etc.At last,the paper puts forward some Suggestions on the construction of the judicial review system of civil execution reconciliation in China.In order to eliminate possible defects in the execution of the settlement agreement as much as possible,it is necessary to clarify the substantive review of the execution court on the execution of the settlement agreement,and to strengthen the indicative obligation of the execution court before confirming the settlement agreement.At the same time,the author discusses whether to give the enforcement power to the execution of the settlement agreement on the basis of the consent of the execution party and the outsider,so as to reduce the default rate of the execution settlement.Through the substantial transformation of the subject matter of execution,the difficult problem of the conversion of monetary claims and non-monetary claims in the current execution and reconciliation is resolved.
Keywords/Search Tags:conciliation of execution, judicial review, separation of trial and execution, executive relief
PDF Full Text Request
Related items