Research On My Country's Civil Execution Reconciliation System

The civil enforcement of reconciliation is that both parties reach a consensus and change the creditor's rights and obligations determined by the original judgment.The parties have reached an agreement for the implementation of settlements on an equal and voluntary basis,which can handle civil disputes more peacefully and efficiently and reduce social conflicts.China's civil execution settlement is of a public-private nature,not only has the substantive law effect of general civil contracts,but also has the effect of the procedural law that hinders the execution procedure.Although the Supreme People's Court issued the "Provisions of the Supreme People's Court on Certain Issues for the Implementation of Reconciliation"(hereinafter referred to as the "Regulations for the Implementation of Reconciliation")in 2018 to amend the existing practical problems,there are still many shortcomings and still appear The parties maliciously used the execution of settlement to delay the evasion of debts,the interests of outsiders suffered collusion by the parties,and the protection of the debtors ' rights and interests was still not in place.In order to properly resolve the predicament,it is essential to accelerate the formulation of China's independent "Enforcement Law".Specifically,the judicial review system should be supplemented,and the enforcement of the settlement agreement should be given enforcement power in accordance with the parties' wishes and the confirmation of the court;the execution guarantee system should be improved;the remedy mechanism for defective execution settlement should be improved;Clarify the function of the court as a "non-mediator",improve the internal evaluation mechanism of the court,and limit the time limit and number of times for the execution of settlement.