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执行程序作为法院程序之终结程序与当事人权益实现最为密切,很多既定法律文书的实现最终取决于执行程序的执行效果。而执行和解制度作为执行程序中申请执行人权益实现的一种手段也是法治进步和社会发展的必然结果。纵观现行法院执行实践,“执行难”是执行中一老大难的问题。这在被执行人无财产可供执行的情况下体现的更为明显。执行和解制度的产生有几个方面的原因:其一,较之法律文书产生时被执行人经济履行能力已严重恶化。其二,法律不外乎人情,即意思自治原则在法律上的承认。其三,法律文书所确认的申请执行人权益的最快实现和现况下的最大保障。为了确保执行和解制度设计初衷能最大的发挥出效果,本文针对执行和解制度实施过程出现的相关问题从执行和解制度的定义、特点、法理基础、应对之策等方面作了一些基本尝试,希望能为执行和解制度的更好实施带来一些益处。
The implementation procedure is most closely linked with the termination of the court procedure and the rights and interests of the parties. The realization of many established legal instruments ultimately depends on the execution of the enforcement procedure. The implementation of the system of reconciliation, as a means of enforcing the rights and interests of the executor in the enforcement process, is also the inevitable result of the progress of the rule of law and social development. Throughout the implementation of the current court practice, “difficult implementation” is the implementation of a difficult problem. This is even more evident if the enforcer has no property to implement. There are several reasons for the implementation of the system of reconciliation: First, the ability of the enforcer to perform economically has worsened than that of legal instruments. Second, the law is nothing more than human beings, that is, the principle of autonomy of means is legally recognized. Thirdly, the fastest realization of the rights and interests of the executor as applied for in legal documents and the maximum guarantee under the current situation. In order to ensure that the original design of the implementation of the reconciliation system can exert its utmost effect, this paper attempts to make some attempts to solve the problems related to the implementation of the reconciliation system from the definition, characteristics, legal basis and coping strategies of the implementation of the reconciliation system. Some benefits for the better implementation of the settlement system.