Study On Amicable Settlement Systemin Civil Enforcement Procedure

The Latin proverb " Enforcement is the law’s end and fruits", Whether the implementation of the law is not only related to the legitimate rights and interests of the parties, but also affects the judicial authority and the realization of social justice.The implementation of reconciliation is a special system of civil procedure in China, which is regarded as "Oriental characteristic". Since 1982 the civil procedural law(Trial) "for the first time put forward the implementation of the settlement, in our country has been used for more than 30 years. After each of the civil procedure law amendments and judicial interpretations are gradually perfect the system. For more than 30 years, the implementation of the settlement system in judicial practice reflects has effectively resolve implementation difficult, timely and efficient resolution of disputes, saving judicial resources, promote fairness and justice and the value of the function, has been fully affirmed by the court and the parties and the society, is the judicial practice are widely applied. Over the past 30 years, the theory of the nature of the implementation of the reconciliation, the effectiveness of the aspects are still controversial, but the promotion of the implementation of the settlement of the legislation to improve, judicial practice more widely.Any legal system is along with the times unceasing progress and the development, the civil execution reconciliation system is no exception. Especially in the current background of our country to vigorously promote the strategy of "four comprehensive" under, increasing downward pressure on the economy, civil litigation is increasing, implementation of the settlement system also exposed many deficiencies, such as: our country’s current legislation of the system is not very system, China’s academic research on the execution reconciliation is not thorough, lacking of theoretical arguments, but also the lack of overall planning system framework, especially for the nature of the agreement is not a recognized, leading to the current legislation for the relief effect, the implementation of the settlement agreement of provisions is not clear, in practice it is often a lot of problems, which led to the implementation of the reconciliation of value not fully reflected, function is not very effective to play out.In this paper, in the system of the existing system of conciliation of execution in theory some imperfections in the judicial practice and the existing problems under the premise of, and points out that the current civil execution reconciliation system legislation on four questions: harmonious agreement effectiveness is not yet clear, responsibility for the examination is not clear, guarantee responsibility not clear and comparison of the relief means single. Also from the perspective of judicial practice, and discusses the civil execution reconciliation practice execution reconciliation is the debt evasion, the implementation of the settlement agreement there are a lot of interesting said untrue, the executive authority actively presided over the reconciliation of the more, the contents of the settlement agreement often exist unreasonable at five aspects, and analyzes the reasons. At last, the paper puts forward five suggestions on improving the legislation of civil execution reconciliation system, and the five suggestions of improving the system..