Probing Into The Litigation Of Enforcement Of Settlement Agreement

In the theoretical circle,the issue of the justiciability of the enforcement of the settlement agreement has been controversial for a long time.In 2018,the Supreme People’s Court issued the "Enforcement and Settlement Regulations",which officially gave the enforcement of the settlement agreement justiciability.As a result,the problem has also increased,and many scholars disagree with giving the enforcement of the settlement agreement actionable,and the dispute over the actionability has not been resolved.This article will re-examine the nature of the enforcement settlement agreement,take it as an entry point,conduct an integrated analysis of different viewpoints in academia,and at the same time combine a large number of real cases in judicial practice to explore the actionability of the enforcement settlement agreement from both legal and practical aspects.This article will be developed from the following four parts.The first part introduces the relevant basic theories of the implementation of the settlement agreement,and uses the scientific method of the contradiction analysis method to re-discuss the nature of the implementation of the settlement agreement.Enforce the substantive and procedural effects of the settlement agreement.The second part introduces the problem,and introduces the disputes of repeated prosecution and judicial authority and the autonomy of private law.It is the main focus of the academic debate on the issue of justiciability.At the same time,after the enforcement of the settlement agreement is justifiable,it appears in judicial practice.Practical issues are summarized.The third part analyzes the suitability of the execution of the settlement agreement from the two aspects of jurisprudence and practice.The suitability of the execution of the settlement agreement comes from its private law nature,and giving it suitability is also the embodiment of the principle of good faith,which is conducive to public power and private balance of power.However,there is no one-size-fits-all approach to the issue of the suitability of the enforcement settlement agreement.It should be classified and studied by introducing specific cases.The disciplinary enforcement settlement agreement may constitute repeated prosecution,and it is not appropriate to give it suitability,while the creative enforcement settlement agreement should have suitability.,which is more conducive to the rights holders’ rights relief and the application of the implementation of the reconciliation system.The fourth part puts forward suggestions on the relevant issues that arise after the enforcement of the settlement agreement is actionable,including the regulation of the rights of the applicant for enforcement,the improvement of specific litigation procedures,and the formulation of relevant supporting systems,in order to solve the relevant problems and make the enforcement of the settlement system possible.better play its role.