民事执行和解制度的现状及完善

我国的法律未能明确执行和解协议所应当具有的法律地位与效力,且在制度上欠缺救济手段,在事实上否认了和解协议的民事协议地位。这主要是由于某些基础理论界定的偏差及现行立法规定的失当。因此,本文从理论上对和解制度加以分析,以期对我国强制执行法的制定提供一点有益的建议。

The Present Situation and Improvement of the Reconciliation of the Civil Enforcement

he reconciliation agreement in the enforcement is not defined as its due lawful situation and effect,and it lacks the remedy of the law system,thus the reconciliation is defined of its status as civil agreement as a matter of fact.The reason for that is the deviation of the definition of the basic theory and the error of the present law.Above all,the author makes analysis from the point of theories and wishes to offer some effective suggestions to the making of our law of enforcement.