论民事执行和解协议效力的完善

On Improving the Effectiveness of Civil Settlement Agreement

民事执行和解协议是中国特有的一种制度,有利于缓解双方的紧张关系,加快法院判决的履行,实现当事人的权利。基于对法院权威的维护、生效判决既判力的尊重以及程序保障的考虑,我国法律没有赋予民事执行和解协议以强制性效力,这不利于执行债权人权利的保护。为了更好的保护执行债权人的利益,应当根据执行和解协议内容的不同而区别对待,对于履行方式的变更以及为债权的执行提供担保的执行和解协议,可以允许执行债权人通过诉讼的方式赋予其强制执行效力。

The settlement agreement is a special system in China, which can help ease tensions between the two sides, accelerate the fulfillment of judgment, and realize the fights of the parties. Taking into account the maintenance of the authority of the court, compliance with the res judicata of effective verdict and procedural safeguards, Chinese law does not empower the civil settlement agree ment with mandatory effect, and this is not conducive to the protection of the fights of creditors. In order to better protect the interests of execution creditors, the settlement agreement should be treated differently according to the contents of different agreements. For the agreement of changing the meth- od of execution and providing guarantees for the implementation of the debt, we can give it enforcea ble execution by the way the parties field a lawsuit.