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Research Report on the Case of Executive Compromise in Huainan City

Author: SuiRongXun
Tutor: XuShuPing
School: Anhui University
Course: Legal
Keywords: Implementation of reconciliation System Run
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 46
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Abstract

The implementation of the Court is the last barrier to protect the legitimate rights and interests of the parties, to reform and improve the implementation of the system is an important part of the current implementation. In the context of building a socialist harmonious society, the enforcement of a settlement system came into being. Enforcement of a settlement system design is reasonable, whether norms smooth operation, directly affecting the superiority of play of the implementation of the reconciliation system, affect the case of the implementation of the case and the realization of social justice knot things. Through the establishment of a scientific and reasonable enforcement of a settlement system, standardize the implementation of the reconciliation program to effectively ease the contradiction between the parties, maintaining social stability, and reduce implementation costs. At present, China's enforcement of a settlement system there are still a lot of problems, and needs to be further improved and perfected. The signing of the settlement agreement, the signing of the agreement is non-standard, the Court does not have the right to review of the settlement agreement, the parties \In the implementation of the settlement agreement, the parties higher default rates, the lack of the ability to fulfill. The implementation of the two Court of Huainan City, for example, the enforcement of a settlement rate showed an increasing trend, but there are still perform reconciliation cases quality is not high, reconciliation fulfill lower rate. The enforcement of a settlement system has played a catalytic role in the ease implementation difficult, but these problems directly related to the quality of the settlement of cases improve, and even affect the credibility and authority of the court. Entered into a settlement agreement in the implementation of the program favor passivation contradiction, enforcement cases successfully rulings, but imperfect implementation of the reconciliation program makes a settlement agreement to change the taste, a small number of obligors to evade the means of implementation, one-sided pursuit of the clearance rate for individual judges providing a \Process to modify and improve the enforcement of a settlement system, reconciliation can not fulfill the reason should be analyzed to improve the enforcement of a settlement, so that standardized, specific, and improve the implementation of legislation to give judges the right to review the settlement agreement, the involvement of judges and parties mean the relationship of autonomy with reference to the contract law conferring rights uneasy right of defense, effectively curb the phenomenon of the obligor \In short, reform and improve the implementation of the reconciliation system is a long and arduous work, the interests of all parties involved in the adjustment and integration of the elements, to perform the work of the center, so that the enforcement of a settlement system reform and other institutional reforms closely around organic combination, promote each other, and strive to make the enforcement of a settlement system has become an effective solution to the difficulty in enforcement of a two-edged sword, and gradually build the system of enforcement of a settlement in line with China's national conditions and the people justice needs.

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