The Problems And Strategies Of The Civil Execution Reconciliation System In China

The system of conciliation of civil execution is an important system in the civil execution routine in our country, and it is over-briefed to the regulation of conciliation execution in the current civil litigation and the laws and regulation as there is a constant contention about the content of the definition, properties, and effectiveness in the civil execution routine from the theorists. The author regards that the conciliation of civil execution is that both parties come to an agreement to the decided rights and obligation by the change of the enforcement basis based on the willingness and fair negotiation, and further to generate a temporary situation of suspension of execution, which is the system of the execution ro utine to be terminated or restored according to the change of the situation. In respect of legislation, there are some issues that civil lacks judicial review, execution settlement procedure for content of dispute settlement, especially for the following aspects: no clear regulations when signing the dispute settlement on the condition of cheating and forcing; no perfect relief system when the subject of right and obligation for the party changes; for juridical practice, also exist issues just like not solve the dispute completely, or solved under the force of operational staff, no standard operation, defects existed on the content of dispute settlement, etc. For the above issues above mentioned, staff should grasp the basic principle of settlement: self- government, legal and honest. Court of justice should do legal review when disposal of dispute settlement. If the creditor changes of dispute settlement, the transferee can act as an applicant to recover the execution of the original judgment on specific cond itions. O nce the subject of obligation changes, creditor can apply for recover the execution of the original judgment directly whatever happens. The creditor should return the gained assets to the third party, underwriter or joining person, if the dispute settlement cannot be execute by the third party and the deduction rules are not applicable. Also it should improve the related system of settlement execution and standardize the civil execution settlement system to realize the actual function.