| The main purpose of civil action is to solve the dispute between the parties,so as to resolve the contradiction.Execution is the last step to realize effective legal document content of civil legal procedures,and execute the settlement is an important part of the program executes,it to party autonomy principle,and the theory of litigation contract legal theory as the instruction,in resolving and efficient to solve "difficult to execute" disputes between the parties,maintain social harmony plays an incomparable advantage.However,since the existence of the enforcement reconciliation system,the disputes about it have emerged one after another,and the definition and nature of the enforcement reconciliation,the effectiveness of the enforcement reconciliation agreement,and the existing problems of the enforcement reconciliation system have been discussed.The reason for the frequent occurrence of "harmony without puzzlement" is that the legislative provisions are not perfect and the legal provisions are scattered.In 2018,the Provisions of the Supreme People’s Court on Some Issues concerning the Execution of conciliation（hereinafter referred to as the Provisions on the Execution of Conciliation）required the unification of legislation on the controversial issues concerning the execution of conciliation.However,the contents of the provisions of this system are still flawed and have not fully responded to some problems in judicial practice.With the extensive application of judicial practice,more and more problems of the system are exposed,and the existence of the system can not meet the needs of practical application.Of course,the emergence of problems is also the driving force for us to improve the system,and how to make the system play a greater value is the direction and goal we should strive to explore in the next step.In this paper,on the basis of predecessors’ research,to perform a reconciliation of the basic theory as the starting point,analysis of the academic circles all scholars point of view,and compare the concept and connotation of execution reconciliation put forward his own definition,execution reconciliation is in the execution procedures,the parties on the basis of the principle of voluntary consultation,reach an agreement,it has effect of rights and obligations specified in legal document for change,and the people Judicial review of the Court affirms the system of termination of proceedings after the completion of an agreement.And then it differentiates with the related concepts of litigation reconciliation,litigation mediation,and more detailed interpretation of the characteristics of executive reconciliation.The nature is the central point to understand a system,the current nature of China’s implementation of reconciliation is divided into four categories according to the general theory,the current one act and two nature theory has been supported by more people,on the basis of the analysis of the current four kinds of nature of the author’s support point of view,namely one act and two nature theory;Then it points out the functions of the system in saving judicial resources and alleviating "difficulty in execution".Secondly summarizes the current legislative and judicial status quo,the introduction of relevant data and case analysis characteristics and existing problems in the judicial practice in our country,whether it is a puzzle for judicial practice and phenomenon common occurance,reconciliation procedure operation is not standard,or effectiveness of the settlement in legislation,frequency and time limit,review the lack of responsibility and relief system on the is about the system in our country Degree of legislative provisions are not perfect caused by this paper for the last part of the foreshadowing.Also through the comparison and analysis of similar systems abroad,summarizes the innovation points of other countries and the provisions worthy of our reference.Last part of the paper is based on the analysis on the problem of perfecting Suggestions,agreement to the applicable scope,the number of times and the proper limit time of performance,to solve the problem of the effectiveness of the settlement agreement weak brings the author trying to give it from legislation,execution,court review responsibilities,the guarantee system of refinement rules as well as the most important relief measures,through the above points It is suggested to improve this system and make it play its value better. |
