论民事执行和解制度的完善

On the Improvement of Civil Enforcement Settlement System

执行和解在解决执行程序中的纠纷方面具有不可替代的作用,而在现行的执行和解法律制度的实施中依然在立法和司法上存在许多缺陷和漏洞,如执行和解次数无限制、执行和解协议扣除已履行部分时无标准等。为了使执行和解更好地发挥其制度功能,本文以执行和解的概念、性质等基本理论为出发点,对存在的问题进行了深入的分析并提出了明确执行和解次数、统一扣除标准等相关完善建议。

The implementation of reconciliation has an irreplaceable role in resolving disputes in the implementation process. However, there are still many shortcomings and loopholes in the leg-islative and judicial framework under the current implementation of the reconciliation legal system, such as the number of execution reconciliations. The execution of the settlement agreement has been partially deducted without standards. In order to make the implementation of the reconcilia-tion better play its institutional functions, this paper takes the basic theories such as the concept and nature of reconciliation as the starting point, and deeply analyzes the existing problems and puts forward relevant suggestions for clear implementation of the number of reconciliations and unified deduction standards.