Perform Research On The Reconciliation System

Enforcement compromise system is an important part of China's Civil Procedure Law,and it is also one of the characteristic systems in China's Enforcement Law.If we can make good use of it,enforcement compromise will play a huge role.Not only can reduce the execution cost,save judicial resources,but also to remedy the procedural justice,timely and effectively resolve the conflict of parties.Therefore,enforcement compromise has been widely used in the judicial practice of our country.However,China's legal norms on the enforcement compromise provisions were once very simplistic and could not meet the needs of judicial practice.Under the social background of "effectively solving the difficulties of enforcement",the special judicial interpretation of enforcement compromise system-"Provisions on Several Issues concerning Enforcement Compromise" came into being.The promulgation of judicial interpretation,to a certain extent,filled the legislative gaps of enforcement compromise system.However,whether judicial interpretation can solve the problems existing in judicial practice,whether its own design conforms to the basic jurisprudence,and whether it can be coordinated with China's legislative system,there are still many questions worthy of questioning.Therefore,it is necessary to investigate enforcement compromise system from the legislative level,judicial practice level and academic level,and put forward reasonable suggestions.This article is divided into five parts.First of all,this paper analyzes the legal concept of enforcement compromise,the relationship between enforcement compromise and relevant legal concepts,and the value of enforcement compromise.The author believes that enforcement compromise means that in the enforcement procedure,the parties agree on the enforcement matter,and the court examines and confirms the agreement,thereby changing the enforcement procedure.The system reflects the value of efficiency,justice and social harmony.Secondly,this paper summarizes and analyzes the norms of enforcement compromise which scattered in the law and judicial interpretation,and focuses on the analysis of the "Provisions on Several Issues concerning Enforcement Compromise".At the same time,this paper evaluates the relevant norms of enforcement compromise in China,and points out the shortcomings in the enforcement compromise norm system.Specifically,the following problems exist in the enforcement compromise system:First,there are contradictions and conflicts in the normative system.Second,the court's duties in enforcement compromise are unclear.Third,the nature of the enforcement compromise is unclear and its effectiveness is unknown.Fourth,the rights and interests of the parties are not adequately protected.And then,this paper studies the operation of the enforcement compromise system.According to the judgment documents issued by the Supreme People's Court from 2016 to 2018,the author analyzes the operation status of China's enforcement compromise system from five perspectives and reveals the existing problems in the operation.Specifically,enforcement compromise system mainly has the following problems:First,the subject of enforcement compromise is chaotic.Second,the contracting criteria of enforcement compromise are not clear.Third,the scope of review and the review criteria for enforcement compromise are not uniform.Fourth,there are insufficient remedies for the enforcement compromise.Next,this paper studies the basic theory of enforcement compromise.There is no consensus among the academic community on the legal nature and the legal validity of enforcement compromise.The author agrees that enforcement compromise should adopt "one behavior and two natures",but for the legal validity of enforcement compromise,the author believes that specific issues should be analyzed in detail,respecting the individual will and independent choice of the parties.Finally,this paper will put forward the perfect suggestions for enforcement compromise system in combination with the relevant norms and operational status of enforcement compromise system and the basic theory of enforcement compromise.The author believes that enforcement compromise system should be improved from the following three aspects:first,clarify the legal nature and legal validity of enforcement compromise.Second,improve the judicial review process for enforcement compromise.Specifically,the scope,content,and boundaries of the judicial review of the compromise on enforcement need to be clearly enforced.Third,clarify the court's powers in enforcement compromise.Judges should actively participate in enforcement compromise and actively exercise the power of interpretation.It is hoped that through the efforts of the author,we can promote the perfection and development of enforcement compromise system,give full play to the functions of enforcement compromise,and more fully protect the interests of the parties.