执行前和解协议法律效力研究

The Legal Validity of Pre-enforcement Settlement Agreement

生效裁判确定的权利义务,当事人有权进行处分;当事人在执行前达成和解协议,应当理解为履行义务、处分权利的表现形式;执行前和解协议本质上是以生效裁判确定的义务为基础和前提,双方履行该义务达成的民事协议,应当具有可争议性和可诉性;对执行前和解协议进行审理和裁判应当以生效裁判作为事实基础,不构成重复诉讼,也不违背生效裁判的既判力;执行前和解协议仅仅具有实体法效果,而执行程序中达成的执行和解协议则同时具有程序法和实体法双重效力。

The parties have the right to dispose of the rights and duties of the valid judgment and the pre-enforcement settlement agreement should be acknowledged as a form of performing duties and disposing of rights because such kind of agreement in essence is based on the duties established by the valid judgment and is of justiciability,therefore the adjudication of such agreement shoud regard the valid judement as the bases of facts and avoid repeated litigation and be complied with the res judicata of valid judgment. Pre-enforcement settlement agreement only has the substantive law effect yet the enforcement settlement agreement in enforcement process has both procedural and subatantive law effects.