Empirical Investigation On The Reconciliation System Of Civil Execution

This thesis explained on the civil execution-reconciliation system of the concepts and the basic principle, and analysed on the nearly three years of civil execution cases in less developed areas which in the intermediate people’s court and his subordinates two basic people’s court (one is a majority of urban and the other is rural populations). Then I sent the questionnaire survey to the execution judge, executor of application, the person are executed, local lawyers and the ordinary people in order to survey the system of the civil-reconciliation execution how to play roles, how to reflect the advantage and disadvantage and how to overcome the defects itself when the people’s court performed the specific cases. Finally I point out my own opinions and suggestions to improve the current civil execution-reconciliation system.The first part:Introduction. This part introduced the purpose and direction of this thesis which including the question of suggestion, literature wrap-up, the purpose and meaning of studying, the thought of the paper, innovation and inadequate of the thesis.The second part:Discussed and analysed the concept,basic theory,principle of the civil execution-reconciliation system and the history and development of this system.The third part:Form2007to2009, the data of civil execution-reconciliation cases in the Sui Ning middle court, the Chuan San district court(the majority are urban population),An Ju district court(the majority are rural population) were classified and analysed. I sent the questionnaire to the above areas’ s judges, the parties, lawyers and the public,according to the questionnaire to summary the rule of development of execution-reconciliation.The fourth part:According to analyse the above three court’s civil execution-reconciliation cases of the basic conditions and a typical significance cases. We can explore the advantages and disadvantages of the civil execution-reconciliation system in many aspects,such as the system of the court, the court of law enforcement, the social’s law concept, the moral standards of the social, the social honest system, the judges standard of enforcement, the quality of execution depend and the defects of legislation..The fifth part:According to compare our current civil execution-reconciliation system to the relevant legislation on the outside areas, we can analyse the legislative principle, the concept and principles of justice to improve our execution-reconciliation. Then it is suggested that the character of the civil execution-reconciliation should be fixed by law.Conclusion:This article presents many views and suggestions of improving our civil execution-reconciliation system and compromising system by researching,analyseing,studying and discussing our current civil execution and compromising system. Though there is something not suiting to our national conditions,as china’s socialist rule of law continued progressing, in the near future,this theory will be further improved, it will gradually accepted by the legislators.For instance, it should limit the number of times and duration of the conciliation of execution, the law must give the litigant some proper term to making conciliation of execution,during which it would not take coercive measure to the person subject to enforcement,if one litigant don’t fulfil composition agreement,law must give legal procedure and relief payments to the other litigant. Of course, the proposal at this stage is a legal, but it is less using in practice and not known very well by pepole. As the basis of the execution of the agreement will be prosecuted, the settlement agreement in the longer the maturity of the case that the implementation of the program is an evidence.