Research On Civil Execution Reconciliation System

The system of reconciliation of civil execution is a unique system of civil execution in China,which is widely used in the practice of civil enforcement,and plays an important role in reducing the burden of execution,clearing up the cases and resolving the contradictions of execution.In 2018,the Supreme People’s Court promulgated the Provisions on Several Issues of Execution and Reconciliation,which further improved and refined the content of the execution and reconciliation system and enhanced the practicability and operability of the execution and reconciliation system.However,there are still many problems in the current civil execution and reconciliation system,both in legislation and in practice.As far as the system of execution reconciliation is concerned,not fully and correctly understanding the nature of execution reconciliation is an important reason for the confusion of legislation and judicial practice.Execution reconciliation system is a system of substantive law and procedural law of the execution of a special,so the analysis and understanding the theoretical foundation of the execution reconciliation system should be from the two aspects of entity and procedure,accurately grasp the execution reconciliation system is the essence of both substantive law and procedural law,and on this basis to solve problems in legislation and judicature.At present,the difficulties of the implementation of the settlement system in China lie in the wrong identification of the nature and effectiveness of the guarantee clauses in the execution of the settlement agreement,the unreasonable setting of the relief channels,the phenomenon of the execution of mediation in judicial practice and the prominent phenomenon of the parties involved in the execution of the settlement agreement being "reconciled but not understood".In order to solve these problems,we should amend the legal provisions on the nature and effect of the guarantee clause of the settlement agreement,reasonably set up the remedy way,standardize the position and role of the court in the settlement,and establish the system of penalty for breach of contract.