论民事执行与解.pdf

行和解当事人的不安抗辩权和权利救济以及第三方参与执行和解的程序等方面的探讨 构建执行和解制度体系。对执行和解制度内各部分的统一、协调及优化是本文力求实现 的目标，以求对规范实践中执行和解并发挥制度功能具有积极意义。 关键词：执行和解，民事契约，既判力，和解性质 II ABSTRACT The fundamental of the program is to achieve justice in civil rights and obligations established, and in my States the implementation has become a serious problem can not be ignored, directly against the national judicial authority. Inheritance of a harmonious social thought in ancient China the emergence of the implementation of the settlement, with its unique approach, in practice the implementation plays an active role in dispute settlement, but due to lack of theoretical arguments and the institutional framework , the existing laws provides not only failed to function in the implementation of reconciliation play a catalytic role to play, but given the lack of specification provides a breeding ground for illegal activities. Enforcement of a settlement is in the implementation process, the parties to consult on the implementation of the subject and voluntary agreement, the People Court for examination and approval to end the execution of a behavior. As an important way for the implementation of civil, it resolving the difficult issue of implementation has played a big role, but due to the imperfections of the system, there are many defects in practice to be further improved. Civil judgments or other legal instrument enters into force, regardless of whether the parties satisfied that the legal instruments, they should be actively implemented. But in real life, for profit and avoid loss of the psychological, the losing party refuses or obligation to fulfill their legal obligations established by the instrument can often see the phenomenon, so the