Analysis Of Issues Related To The Implementation Of The Settlement Agreement

Civil enforcement procedure is an important part of realizing the purpose of litigation and protecting the legitimate rights and interests of the parties.In the implementation process,the implementation of reconciliation is often used to solve the implementation of the important way,to ensure the effective implementation of legal instruments is of great significance.The implementation of the settlement agreement is the core issue in the implementation of the settlement system,and the determination of the effectiveness of the implementation of the settlement agreement becomes an important step towards the smooth implementation of the settlement.Then how to ensure the implementation of the effectiveness of the implementation of the settlement agreement to become the key to the operation of the system.At present,Chinese current law lacks a more comprehensive provision on the implementation of the settlement agreement,in the remaining provisions of the implementation of the settlement agreement on the nature and effectiveness of vague,in the event of a dispute to solve the problem when the lack of uniform standards.At the same time,the current law on the implementation of the settlement agreement to protect the effectiveness of the mechanism is not sound,there are flaws when the remedies are not enough.The existence of these problems is not only detrimental to the settlement of the rights of the parties involved in the implementation of the settlement dispute,nor to the value of the implementation of the settlement system.At the beginning of this paper,three cases are listed,and the focus of the case is analyzed.The main analysis of the article is the effect of the implementation of the settlement agreement,which leads to the discussion of the implementation of the settlement agreement.This paper is divided into three parts.The first part of the three cases of the implementation of the settlement dispute,respectively,introduced the three cases of the case and the decision and the implementation of the situation,and this start to lead the three cases of common controversy focus,that is,the effectiveness of the implementation of the settlement agreement,Other issues related to the agreement,including the type,nature,validity of the implementation of the settlement agreement,the implementation of the settlement agreement with the original implementation of the name of the relationship between the implementation of the settlement agreement on the implementation of the implementation of the implementation of the settlement agreement to fulfill the number and duration of the implementation of the court The status and role of the settlement,the effectiveness of the terms of the settlement in the settlement,and whether the court should remove the enforcement measure after the settlement of the settlement agreement.The second part of the relevant theory and the case,from the academic and judicial practice to define the nature of the implementation of the settlement agreement,and based on the implementation of the settlement agreement from the effectiveness of the contract,with the original effect of legal instruments,The impact of the three aspects of the implementation of the settlement agreement to analyze the specific content of the content.The third part discusses the problems and the way of dealing with the dispute in the course of implementing the settlement dispute through the case analysis.According to the above practical problems,the article summarizes the obstacles to the implementation of the settlement agreement,and on this basis,put forward the construction of the implementation of the settlement agreement to protect the effectiveness of the mechanism,improve the effectiveness of the implementation of the settlement agreement relief system and clear the court in the implementation of reconciliation the role of the recommendations.