The Path Choice To Solve The Dilemma Of "Harmony And Perplexity" In Civil Execution

Execution reconciliation refers to the activities of the people’s court in the execution procedure,in which both parties reach an agreement on changing the rights and obligations determined by the basis of execution through equal consultation,so as to suspend or terminate the execution procedure.As an important system in the civil execution procedure,execution reconciliation can not only passivate the social contradictions,play a good social effect of settling disputes,but also improve the rate of execution,play a role in solving the difficulty of execution,at the same time,it can reduce the risk of execution,make the court save a lot of human and material resources,and effectively reduce the workload of the court.However,in judicial practice,with the improvement of the application rate of the implementation of reconciliation,the limitations of the implementation of reconciliation have become increasingly obvious: the settlement agreement has a low fulfillment rate and a high re enforcement rate,and it is not uncommon for obligors to use reconciliation to evade the law,evade implementation and delay performance.A large number of cases can not be executed,execution reconciliation has been reduced to the means for the executee to evade execution,and execution supervision is only a form.In addition,many Executees do not have the ability to perform and cannot quit execution.The execution of reconciliation "and not understand",leading to the winning judgment can not be fulfilled in time,seriously damaging the judicial authority.In order to solve the dilemma of "harmony and perplexity",we should start from the source,improve the quality,refine the ways of remedy for breach of contract,strengthen the punishment of reconciliation and breach of contract,connect the ways of remedy with the measures of punishment,avoid the abuse of relief procedures,and cause the low efficiency of execution.In addition,we should combine the property reporting system with Internet technology,so that the implementation supervision can really play a role The role of supervision should be based on the evidence of punishment.In order to ensure the smooth operation of the system and give full play to the value and benefit of the settlement,it is necessary to stipulate the breach terms and guarantee conditions in the implementation of the settlement agreement,endow the enforcement of the settlement agreement with force,increase the cost of the breach,make the breaching party pay the corresponding breach price,and the party is not afraid to breach the contract psychologically,and give the creditor the "right of defense of uneasy performance".In addition,we should also take into account that many parties do not have the ability to perform,and introduce the personal bankruptcy system,so that the "execution cannot" withdraw from the execution procedure.Through multi-dimensional construction and improvement of the implementation of reconciliation system,let the implementation of reconciliation system play a better,more valuable,so that it becomes an important part of multi dispute resolution.