Research On Civil Execution Reconciliation System

The civil system of reconciliation in civil enforcement,is a significant system in the field of civil enforcement in China.It plays a unique role in alleviating social conflicts,improving enforcement efficiency,and solving “enforcement difficulties”,and has become an important way to resolve enforcement disputes.However,since the development of the system,the nature and effectiveness of the system have not been clarified in legislation.There has been a long-standing dispute between the academic and practical circles on the nature and effectiveness of the enforcement reconciliation system.“Theory of Private law”,“Theory of Litigation”,“One Behavior and Two Properties Theory”.The nature determines the effectiveness.If the nature of the system is unclear,the effectiveness will be difficult to guarantee,and the effect of judicial practice will be difficult to exert.The legal provisions on the enforcement of the reconciliation system are too general and not very maneuverable,so that the enforcement of the reconciliation system fails to give full play to its role in judicial practice.It is more appropriate to characterize the nature of enforcement reconciliation as “One Behavior and Two Properties Theory” by analyzing the current legislative development,judicial practice,and the legal basis and functions of the enforcement reconciliation system.There are still many difficulties in the legislation and judiciary of the current civil enforcement and reconciliation system.Specifically,the nature and effect of enforcement and reconciliation are not clarified in legislation,there is a lack of a supporting judicial review system,the remedies for breach of contract in enforcement and reconciliation are insufficient,and the enforcement of reconciliation agreements is not enough.The types need to be refined and other dilemmas;in judicial practice,there are dilemmas such as the person under execution evading or delaying debts in the name of reconciliation,the parties repeatedly reaching reconciliation,the enforcement agency overly interfering with the parties reaching an enforcement reconciliation,and the enforcement agency’s lack of supervision over the performance of the enforcement reconciliation agreement.To solve these dilemmas in the implementation of the reconciliation system,we should comprehensively consider the legislative and judicial dimensions on the basis of “One Behavior and Two Properties”,and improve the implementation and reconciliation system.Legislatively,clarify the nature and effectiveness of the enforcement of the settlement agreement,clarify the scope of the enforcement agency’s review of the enforcement of the settlement agreement,and improve the parties’ remedies.The enforcement agency’s supervision of the implementation of the settlement agreement,etc.,legislation and judicial “two-pronged approach” to give full play to the role of enforcement and settlement in solving the “difficulty in enforcement”problem.