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Study on the System of Civil Executive Reconciliation

Author: HuangZuo
Tutor: ZhangShiQuan
School: Shandong University
Course: Legal
Keywords: executive reconciliation reconciliation agreement perfection
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 263
Quote: 2
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Abstract


The purpose of civil procedure is solving disputes between parties in action due to civil rights. Yet, civil rights is private rights which enforcement needs party automomy to its original. The primary mission of execution procedure is guaranteeing the achievement of civil rights and duties determinated by effective legal documents. "Difficult execution" has being a serious problem. Relying solely on the enforcement of courts will not help to realize the rights of the parties instantly. The execution reconciliation however will help to solve the problem of“difficult execution”. The system of executive reconciliation let the private rights automomy in execution procedure become true. It looks like a buffer during the transconformation of action mode in our country. The executive reconciliation has great theoretical and practical value. But, the norms of executive reconciliation in China’s current civil procedure law and relevant judicial interpretation is simplicity. That resulting in inconsistencies in theory and frequent disputes between the parties in judicial practice. Therefore, reconstructing the currently executive reconciliation and making it institutionalization and rationalization is undoubtedly an important task in the legislation of execution.This paper started analysis from theory to practice, to seek the crux of executive reconciliation and to propose the solutions to the problem. Firstly, this paper made clear the nature and effectiveness of executive reconciliation from analyzing the legal principle of it. The executive reconciliation is different from the litigation reconciliation, it has dual-attribute of substantive law and procedural law. In practice, the executive reconciliation has a special function and value. It has significant advantages in balancing multiple interests and executive efficiency. Through the study of comparative law, this paper detailed interpreting the similarities and differences between our country and other countries in the executive reconciliation. Then indepth analyzing many problems that exist in practice and there causes.Then, the paper discussed the related content of the executive reconciliation agreements as the core of the executive reconciliation. The nature, effectiveness and key factors to effective of the executive reconciliation palys a vital role in the institutionalization of the executive reconciliation. Proposing the thinking of perfecting the system of executive reconciliation based on analyzing the current status and its shortcomings is the major content of this paper. Finally, this paper presented a series of specific measures of perfecting the executive reconciliation such as endowing the executive power to the executive reconciliation agreements and clearing the court’s right of investigation to the executive reconciliation and so on. To promote the system of executive reconciliation is the aim of this paper, and I hope it can have positive functions in the practice of executive reconciliation.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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