| Enforcement reconciliation,as an enforcement system with Chinese characteristics,has played a pivotal role in resolving my country’s long-standing "difficulty in enforcement" problem.The Provisions of the Supreme People’s Court on Several Issues Concerning the Enforcement of Settlement(hereinafter referred to as the “Enforcement Settlement Provisions”)promulgated by the Supreme People’s Court in 2018,detailed the identification standards and remedies for enforcing settlements,as well as the implementation of settlements and repayment of debts and enforcement.The relationship between guarantees,etc.,in addition,after decades of theoretical research and legislative preparatory work,my country’s draft enforcement legislation(the sixth draft)also involves the types,effectiveness,and relief of enforcement reconciliation.However,the current academic disputes over the nature,effectiveness,and remedies of the implementation of the settlement have not been resolved.In practice,the phenomenon of repentance and evasion of the implementation of the settlement is still prominent.The existing relevant regulations on the implementation of the settlement are too general.Broadness,poor operability,and a large gap between actual effects and theory,resulting in the implementation of reconciliation has not been implemented,and there is a large gap between some provisions on the implementation of reconciliation in the published draft enforcement law and existing judicial interpretations Conflicts,such as the classification of the settlement agreement,whether it can be enforced,and the relief of the implementation of the settlement,etc.,need to be further demonstrated which kind of provision is more scientific.In order to solve the above-mentioned legislative and practical problems,this article intends to use literature analysis,comparative analysis and other analytical methods,combined with the principles and theories of China’s enforcement and enforcement reconciliation,and aiming at the fundamental disputes in the above-mentioned enforcement reconciliation theory,and draws the conclusion that China’s implementation of reconciliation should be resolved.For difficult issues,we should speed up the enforcement of legislation,clarify that the implementation of reconciliation should be the special nature of the transfer of private rights and the participation of public power,and learn from the method of decentralization,classification,entity and procedural relief of extraterritorial enforcement,and strengthen enforcement supervision and punishment Strengthen,construct a new type of remedy that appropriately endows the enforcement settlement with enforcement power and parallels the objection and the debtor’s objection lawsuit.This article is composed of four parts,in accordance with the current implementation of the reconciliation system and the problems in its application,the theoretical analysis of the perfect implementation of the reconciliation system,the comparative law investigation of the implementation of the contract in relevant countries and regions,and the order of suggestions for the improvement of the implementation of the reconciliation system..The first chapter is the analysis of the current implementation of the reconciliation system itself and the problems existing in the process of judicial application.The problems of the system are the ambiguity of the meaning of the implementation of the reconciliation in the legislation,and the pre-review and post-supervision aspects in the construction of the implementation of the reconciliation system.The main problems in the application include:First,the enforcement settlement ratio is high but the fulfillment rate is not high,and the second is the inconsistent ways of closing cases of enforcement settlements by local courts,which leads to chaos in the application of enforcement settlements,etc.Third,the current implementation and reconciliation breach of contract remedies have large loopholes and other problems,and it is necessary to make a more in-depth analysis of the theory behind the implementation and implementation reconciliation.The second chapter is a theoretical analysis of the above-mentioned main issues and how to improve the implementation of the reconciliation system in my country,mainly from the interpretation of the concept of the implementation of the reconciliation itself,the nature,effectiveness,and the contradiction with the adjudgement theory and other fundamental issues,and the implementation of the judicial responsibility system reform And theoretical analysis on the economic principles of litigation.The third chapter is a comparative analysis of the similarities and differences between the implementation of the contract in the relevant countries and regions and the implementation of the reconciliation in my country,and the enlightenment drawn from this is the perfection of the implementation of the reconciliation system.Chapter 4 is the relevant improvement suggestions for the problems in the implementation of the settlement system in my country,including advancing the legislation of my country’s enforcement,strengthening the supervision before and after the implementation of the settlement,strengthening the punishment for the violation of the implementation of the settlement agreement and the abuse of the settlement,and improving the relief The method moderately endows the implementation of the settlement agreement with compulsory enforcement power,with a view to further thinking about my country’s implementation of the settlement system. |
