民事执行中和解协议的履行

执行和解既是民事诉讼法赋予当事人处分实体权利的一种诉讼权利,也是人民法院执行案件的一种结案方式,在执行中因其具有便于履行、有利于缓解当事人之间的冲突、节约执行成本等良好功能而为世界多数国家的执行立法所青睐.我国法律中的执行和解缺乏制度的特点,存在着种种弊端,尤其是和解协议的履行在实践中存在很多问题,使执行和解应有的功能未得到充分发挥.我们应借鉴其他国家的经验,完善执行立法,使执行和解在我国执行活动中发挥应有的作用.

On Performing Reconciliation Agreement In Civil Execution

Executing reconciliation is not only kind of litigious right entrusted the party to punish the entity by the civil procedural law, but also one way to settle the case that the people's court carries out, which has found its favor in world people's eyes because it is advantageous for the fulfillment, easy to reduce litigant's conflict, ad can save the cost in the execution. However, because of lack of system, there exist some disadvantages in our country's execution reconciliation, in particular in the performance of the reconciliation agreement, which makes it unable to display the function of the execution reconciliation. We should draw lessons from other country's experience, consummate the legislation, and cause it carry out its function in our country's executing activity.