Civil Execution Reconciliation Effectiveness Research

Civil execution reconciliation refers to the legal system which parties in civil execution procedures reach equal and voluntary consensus to change the rights and obligations confirmed by legal documents so as to end the execution by the confirmation of people’s court.The effectiveness of the civil execution reconciliation refers to the procedural and substantive legal consequences of the implementation of the reconciliation system in the judicial process.Different from other reconciliation or mediation system,the effectiveness of the execution reconciliation is very unique.in various aspects such as subject,object,time etc.Due to current legislation of our country which doesn’t reach a clear definition on the execution reconciliation effect as well as in legal practice,scholars never stop controversy.This thesis argues that the effectiveness of the execution reconciliation could not be actually enforceable,which shall be considered as the effectiveness of civil contract.This view is based on the same characteristics of the civil execution reconciliation agreement and the civil contract.The execution of the agreement is binding on all parties,but it does not include the effect of res judicata,furthermore,without confirmation by Courts,civil execution reconciliation agreement does not have enforcement powers,which could not be the basis of enforcement.In the aspect of procedural law,this thesis supports the conclusion that when the settlement agreement reached,the execution deemed as terminated immediately.In other special circumstances,the effectiveness of the execution reconciliation will vary depending on the situation.In the civil execution procedure,the reconciliation is advantageous to solve the contradiction between parties,and it is also helpful to solve the current difficult problems in execution.Most of the articles are discussing the civil execution reconciliation system itself.In this thesis would like to make a more detailed study of the civil execution reconciliation system from the perspective of effectiveness.