淮南市执行和解案件执行情况调研报告

发布时间：2018-11-14 16:34

【摘要】：法院执行工作是保障当事人合法权益的最后一道屏障,改革和完善执行制度是当前执行工作的重要组成部分。在构建社会主义和谐社会的大背景下,执行和解制度应运而生。执行和解制度设计是否合理、运行是否规范流畅,直接影响着执行和解制度优越性的发挥,也影响着执行案件的案结事了和社会公平正义的实现。通过建立科学合理的执行和解制度,规范执行和解程序,能够切实缓解当事人之间的矛盾,维护社会稳定,降低执行成本。目前,我国执行和解制度仍然存在很多问题,需要进一步加以改进和完善。在和解协议的签订方面,协议的签订不规范,法院不具有对和解协议的审查权,当事人“假和解”、“恶意和解”。在和解协议的履行方面,当事人违约率较高,缺乏履行的能力。以淮南市两级法院执行工作为例,执行和解率呈逐年上升趋势,可是仍存在执行和解案件质量不高,和解履行率较低等问题。执行和解制度在缓解“执行难”方面起了促进性作用,但存在的这些问题直接关系到和解案件的质量提高,乃至影响到法院的公信力和权威性。在执行程序中签订和解协议有利于钝化矛盾,使得执行案件顺利执结,但执行和解程序的不完善使得和解协议变了味,成为少数义务人逃避执行的手段,为个别法官片面追求结案率提供了“捷径”。在修改和完善执行和解制度过程中,应分析和解不能履行的原因,完善执行和解程序,使之规范化,具体化,完善执行立法,赋予法官对和解协议的审查权,处理好法官参与与当事人意思自治的关系,参照《合同法》赋予权利人以不安抗辩权,有效遏制义务人“恶意和解”的现象,使案件执行达到法律效果与社会效果的双重统一,符合社会主义和谐社会建设的方向。总之,执行和解制度的改革和完善是一项长期而艰巨的工作,涉及到各方面利益的调整和要素的整合,要紧紧围绕执行工作这一中心,做到执行和解制度改革与其他制度改革的有机结合,相互促进,力争使执行和解制度成为有效解决“执行难”的一柄利剑,逐步构建符合我国国情和人民群众司法需求的执行和解制度。
[Abstract]:The execution of the court is the last barrier to the protection of the parties' legal rights and interests, and the reform and perfection of the enforcement system is an important part of the current enforcement work. Under the background of constructing socialist harmonious society, the system of execution and reconciliation came into being. Whether the implementation of reconciliation system is reasonable or not, whether the operation is standard and smooth, directly affects the superiority of the enforcement reconciliation system, but also affects the implementation of the case and the realization of social equity and justice. By establishing a scientific and reasonable system of execution of reconciliation and standardizing the procedure of execution of reconciliation, the contradictions between the parties concerned can be alleviated, social stability maintained, and the cost of execution reduced. At present, there are still many problems in the implementation of reconciliation system in China, which need to be further improved and improved. In the aspect of signing the settlement agreement, the signing of the agreement is not standardized, the court does not have the right to examine the settlement agreement, the parties "false settlement" and "malicious settlement". In the aspect of the performance of settlement agreement, the default rate of the parties is high and the ability of performance is lacking. Taking the execution work of two levels of courts in Huainan City as an example, the rate of execution and settlement is rising year by year, but there are still some problems such as the poor quality of the cases of execution of reconciliation and the low rate of reconciliation and performance. The enforcement of reconciliation system has played a promoting role in alleviating the difficulty of execution, but these problems have a direct bearing on the improvement of the quality of conciliation cases, and even on the credibility and authority of the court. Signing a settlement agreement in the execution procedure is conducive to passivation of the contradiction and makes the execution of the case smooth, but the imperfection of the execution of the settlement procedure makes the settlement agreement change its flavor and becomes a means for a few obligors to evade the execution. For individual judges one-sided pursuit of the completion rate to provide a "shortcut." In the process of revising and perfecting the system of reconciliation, we should analyze the reasons why the reconciliation can not be carried out, perfect the procedure of carrying out the settlement, standardize and concretize it, perfect the enforcement of legislation, and give the judge the right to examine the settlement agreement. Dealing well with the relationship between the participation of judges and the autonomy of the parties, referring to the right holders granted the right to defend uneasily by the contract Law, effectively containing the phenomenon of "malicious reconciliation" of the obligor, so that the execution of the case can achieve the dual unity of the legal effect and the social effect. In line with the direction of building a socialist harmonious society. In short, the reform and improvement of the implementation of the reconciliation system is a long-term and arduous task involving the adjustment of interests and the integration of elements from all sides. To achieve the organic integration of the reform of the implementation of the reconciliation system with the reform of other systems, and to promote each other, and strive to make the implementation of the system of reconciliation a sharp sword to effectively solve the "difficulties in implementation", Gradually build a reconciliation system in line with China's national conditions and the people's judicial needs.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.2;D925.1

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