Study On Classification Of Enforcement Settlement Agreement

The settlement agreement system,as an important way to resolve the "difficulty in enforcement" problem,has a significant impact on the enforcement procedure and is also an important part of the Chinese Civil Procedure Law.The importance of the enforcement settlement agreement as the core of the implementation of the reconciliation system is self-evident.Legislation and theories have been continuously explored and revised on the issues related to the enforcement settlement agreement,and hereby the system related to the enforcement settlement agreement has made considerable progress.The "Regulations on Enforcement Settlement Agreement" promulgated in 2018 solved many problems in the enforcement settlement agreement,but issues remain such as the unclear nature and obscure effectiveness of the enforcement settlement agreement,confusion in the application of remedies for breach of contract,and the enforcement settlement agreement,and the unclear relationship with the original effective judgment.The reason is that it analyzes and studies the nature and effect of execution of settlement agreement and the remedies for breach of the enforcement settlement agreement from a macro perspective.The lack of attention to the content of the enforcement settlement agreement itself makes it impossible to form a type of enforcement settlement agreement that can deal with various situations.This article focuses on the classification of the enforcement settlement agreement,respects the autonomy of the parties’ will,and analyzes the in-depth relationship between the debt established in the enforcement settlement agreement(new debt)and the debt established in the original enforcement name(old debt)based on the content and substance of the enforcement settlement agreement;then formulates the typology of the enforcement settlement agreement in response to a variety of actual situations,and discusses the nature and effectiveness of the support for failure and knowledge for breach of contract by their types.Three sections are discussed:The first section clarifies the necessity of the research on the classification of the enforcement settlement agreement.First,the legislative evolution of the enforcement agreement is sorted out,and the historical evolution of the Chinese legislation witnesses the importance of the enforcement agreement system and the changes in legislative views,and the legislative issues of the current "Regulations on the Enforcement Settlement Agreement" were analyzed.Secondly,the author analyzes the opinions and disputes of the domestic and foreign theoretical circles on the nature and effectiveness of the enforcement settlement agreement,and finds that there are problems in the current theoretical circles that the nature and effectiveness of the enforcement settlement agreement are unclear,and analyzes and critiques various theories and viewpoints.The problem with the doctrine is that there is no typed analysis of the enforcement settlement agreement.Finally,the overall analysis of the necessity of classified research on the enforcement settlement agreement is conducted: one is to analyze the positioning and defects of the current legislative enforcement settlement agreement in private law contracts;the next is to analyze the application confusion between the current enforcement settlement agreement and remedies for breach of contract,and it is necessary to adopt the method of typified research to solve it.The third is to emphasize that clarifying the nature and effectiveness of the enforcement settlement agreement requires a typed analysis of it.The second section concentrates on the theoretical foundation of the study on the typology of the enforcement settlement agreement.This part mainly analyzes the various basic theories of the type analysis of the enforcement settlement agreement,preparing for the subsequent study of the type of the enforcement settlement agreement.First of all,it analyzes the issue of the typification of the enforcement settlement agreement and the composition of the debt,specifically expounds the main elements of the creditor’ rights,and discusses how to distinguish between the loss of "identity" of creditor’s rights elements concerning the relationship between the new creditor’s rights and debt relationship(new debt)created by the enforcement settlement agreement and the creditor’s rights and debt relationship established in the name of the original enforcement(old debt),and analyzes the various relationship modes of new debts and old debts.Secondly,it analyzes the typology and legal acts of the enforcement settlement agreement,distinguishes the connotation and effectiveness of civil legal acts and litigation legal acts,and clarifies that the parties can be both civil legal acts and litigation legal acts in the execution of the settlement agreement.Third,the issue of the typification of the enforcement settlement agreement and the principle of punishment are analyzed.It clarifies that in the enforcement settlement agreement system,the parties have the right to disposition,and the parties can dispose of their substantive rights as well as their litigation rights.Finally,it discusses the typology and res judicata of the enforcement settlement agreement and clarifies that the enforcement settlement agreement reached by the parties does not violate the principle of res judicata.The third section approaches the type analysis of the enforcement settlement agreement.Based on the expression of the parties’ intentions,this chapter conducts a categorical analysis of the enforcement settlement agreement,and based on it,further improves the multi-remedy model.First,the author clarifies the five aspects generally involved in the enforcement settlement agreement.Then,from the perspective of whether new debts are generated after the enforcement settlement agreement is reached,and the relationship between the new debts and the old debts,the enforcement settlement agreement is classified and explored,and various types of implementation are analyzed.The nature and effectiveness of the enforcement settlement agreement are approached,and further clarify their respective remedies for breach of contract.The first type is an enforcement settlement agreement that does not form a new debt,and the conclusion of this type of enforcement settlement agreement does not generate new claims.Because it is no different from the old debt in terms of the elements of the creditor’s rights,the execution settlement agreement is only a further clarification and confirmation of the original effective legal document,and its nature and effect are consistent with the original execution name,and the person applying for execution should apply for resumption of execution in the event of a breach of contract.The second type is debt renewal enforcement settlement agreement.The conclusion of this type of enforcement settlement agreement will generate new debt,and the relationship between the new debt and the old debt is the renewal of the debt.The old debt is eliminated when the new debt is reached.The basis for the court to resume enforcement disappeared.The person applying for enforcement provides remedies for breach of this type of enforcement settlement agreement,and can only sue separately.The third type is a renewed debt settlement type in the enforcement settlement agreement.This type of enforcement settlement agreement has a new debt settlement relationship between the new debt and the old debt.This type of enforcement settlement agreement defaults,and the new debt is not fulfilled or is not fully fulfilled.It ends with disappearance,and the old debt still exists,and the person applying for enforcement should apply for resumption of enforcement.The fourth type is the selective enforcement settlement agreement.This type of enforcement settlement agreement is the agreement of the parties to the implementation of the remedy clauses for breach of contract.The method of agreed remedies for breach of contract is one of the resumptions of execution,another prosecution,or application for execution of the settlement agreement.This type of enforcement settlement agreement has the dual effect of entity and litigation.In the event of a breach of contract,the person applying for enforcement can choose remedies from the resumption of enforcement,another lawsuit,and the application for the enforcement settlement agreement.Combining the aforementioned three types of enforcement settlement agreements,classify and explore the specific breach remedies applicable to different content enforcement settlement agreements...