Research On The System Of Civil Execution And Reconciliation

The implementation of the reconciliation system is a major feature of China’s enforcement system,which is an important part of China’s civil enforcement procedures.The implementation of reconciliation and enforcement has become two manifestations of implementation,and the implementation of the reconciliation system can effectively resolve the contradictions of executive parties and promote social harmony.In the judicial practice,the implementation of the reconciliation system is often used,which plays an important role in promoting the "difficult to solve the problem in two to three years." On the one hand,the implementation of the reconciliation system is of great significance for saving judicial resources,repairing the damaged relationship between the parties,and promoting the case and social harmony;on the other hand,the implementation of the reconciliation system involves public and private law,substantive law and procedures.The integration of law,the theory is complex,and it is urgent to accumulate experience in practice,deepen research theoretically,and complete the institutional construction and design in legislation.The civil execution settlement refers to the behavior or system in which the parties in the civil execution procedure agree with each other to agree on the legal relationship confirmed by the legal instrument and submit it to the court for review and approval to suspend or terminate the civil execution procedure.It has made new explorations and attempts to solve the difficulties of the parties,solve the disputes of the parties and save the judicial resources.This system is based on the principle of respecting the autonomy of the parties and not abusing the public interest.It is in the form of signing an implementation settlement agreement,which helps to find a balance between rights and obligations of the two parties and is highly recognized by the judiciary,the parties and the public.So continue to be used in the implementation of practice.The civil execution reconciliation system first appeared in China’s Civil Procedure Law(Trial)in 1982,and has been continuously completed and developed in the subsequent revision of the Civil Procedure Law and the introduction of judicial interpretation.In March 2016,since the Supreme People’s Court made "a basic solution to the implementation difficulties in two to three years",it has continuously strengthened the top design,promoted the implementation ofinformationization and standardization vigorously,and formulated and promulgated more than 20 judicial interpretations on implementation,which fill in the gaps and deficiencies in civil enforcement laws and regulations.In March 2018,the Supreme People’s Court formulated and implemented the “ Regulations on the Implementation of Certain Issues in Reconciliation”(hereinafter referred to as the “Implementation of Settlement Regulations”).This judicial interpretation clearly defines the issues that have been controversial in the long-term implementation practice and distinguishes Enforcement of settlement and external settlements,determination of the executor of the application can be filed in civil enforcement settlement,clarification that the settlement of the debt can not be issued under the settlement agreement,the circumstances of the resumption of execution are clearly defined,and the terms of the guarantee in the settlement agreement are specified.Effectiveness provides a clearer basis for the handling of specific cases in judicial practice.However,the implementation of the settlement provisions still fails to fully cover all the issues,and some issues remain unclear and specific.For example,the implementation of the settlement is not executive,the judicial review system is lacking,and the debtor’s relief channels are insufficient.These problems will lead to an increase in the litigation costs of the parties,the implementation of the content of the is not standardized,and the imbalance of rights and obligations of the parties.They are not in line with the original intention of the establishment of the implementation of the settlement system and cannot fully play the role of the implementation of the settlement system.This year,the National People’s Congress authorized the Supreme People’s Court to take the lead in enacting the Enforcement Law.These issues hope to be absorbed and improved in the enactment of the enforcement law.Therefore,this paper intends to play a more important role in promoting the implementation of the reconciliation system from the perspective of how to construct a perfect theory and explore an efficient and reconciliation model that is consistent with the implementation of work practices.This article consists of five parts,details as follows:The first part analyzes the civil execution settlement cases encountered by the author in the implementation practice and reveals the relevant legal issues of the civil execution reconciliation system.The second part comprehensively discusses the civil execution reconciliation system,conducts an in-depth analysis of its connotation and concept,and divides the type,effectiveness and nature of civil execution reconciliation,and analyzesthe value of specific civil execution reconciliation in detail,by analysis of relevant institutional regulations and raising their own understanding of the nature and effectiveness of civil execution reconciliation.The third part analyzes the legal issues and institutional issues in the civil scope of China,and analyzes the legal issues and institutional issues in the civil scope.It goes into the in-depth analysis of the status quo of China,clarifies the problems,elaborates from two angles,and implements the validity of the settlement agreement.In-depth analysis of issues such as the inability to perform after the change of the rights and obligations of the settlement agreement,the issue of the position,function,and role of the court in the implementation of the settlement,the issue of the implementation of the settlement agreement and the termination of enforcement after the implementation of enforcement measures.The fourth part is to examine and draw on the relevant provisions of the foreign civil enforcement reconciliation system.It mainly examines and draws on the provisions of the British Law,the German Law,and the Japanese Law on the Civil Execution Reconciliation System.After comparison,it is found that the implementation reconciliation system of the United Kingdom and Germany is quite different from that of China,but due to the uncertainty in the process of implementing the reconciliation,and it also has flexibility.At the same time,it also attaches great importance to the rights and interests of the parties.These regulations are suitable for in-depth analysis and study in China.Among the relevant regulations in China,Japanese laws and regulations are similar in implementing the reconciliation system,which allow Japanese law learn from the effectiveness of the settlement agreement and the implementation of the reconciliation system.The fifth part puts forward my own opinions,insights and suggestions on the civil execution reconciliation system,which is mainly manifested in the effectiveness of civil execution reconciliation and the role of the enforcement court in the implementation of reconciliation,the protection of rights and relief mechanisms in the implementation of reconciliation,and the establishment of a perfect and malicious implementation reconciliation and so on.The punishment mechanism and other aspects improve the civil execution reconciliation system.