Research On The Relief Mechanism For Breach Of Contract Implementation Of The Settlement Agreement

At present,in our country's implementation practice,although the implementation of reconciliation system has become a major exit from the enforcement,which eases the pressure of implementation on the surface,but a large number of implementation of reconciliation agreements have not been fully and consciously implemented,resulting in frequent secondary disputes.Remedy mechanism for breach of execution reconciliation agreement is the Procedural rights of the observant party when the execution reconciliation agreement has not been fully implemented due to the nonperformance of the breaching party.Marked by the promulgation of the provisions of the Supreme People's Court on Several Issues concerning the implementation of reconciliation in 2018,the relief mechanism for breach of execution settlement agreement has completed the transformation from "single relief mode"(resumption of execution)to "dual relief mode"(“resumption of execution” or “separate prosecution”)during the development of more than 30 years.So according to the existing regulations,when faced with such disputes,the execution parties can achieve remedies through applying for the recovering of the former execution or separately launching a lawsuit.However,the current remedy mechanism can't improve the weak binding of the execution reconciliation agreement which lasts for a long time.And it also can't curb the high rate of the failure to perform those agreements and violates the principle of execution efficiency,so it impeding the timely realization of the successful party's rights.The paper claims giving the execution reconciliation agreements conditional enforcement power,the claim means that under certain conditions these execution reconciliation agreements may replace the former title of execution.In addition,the paper responds to the view of some scholars that the enforcement power of the execution reconciliation agreements violates the principle of res judicata and makes a comprehensive argument on the theoretical basis of the enforcement power of the execution reconciliation agreements from several aspects,such as the principles of private rights autonomy” and “execution efficiency”.Based on the above argument,the paper puts forward a feasible institutional arrangement to provide procedural guarantee for the legality and reliability of institutional assumption.