论民事执行和解担保-诉讼法学专业论文.docxVIP

II II Abstract With the vigorous development of society, more and more civil case need be enforced. Due to the hysteresis of legislation, quality of backward of judicature and limitations of judicial resources, “difficult execution ” has being a serious problem in China. Pacification on enforcement guarantee,as a solution of “difficult execution ”, has been applied in the enforcement process and achieved a lot. Because of the lack of demonstration in theory and design of the whole system, existing laws can not bring the “execution composition” into best play, on the contrary, insufficient laws let the illegal activities possible. Therefore , improving of system of pacification on enforcement guarantee does good to realizing the right of creditor, harmony of society, and is an effective measure to solve “difficult execution ”. This is the main idea of thesis. Thesis begins with basic theory of system of pacification on enforcement guarantee, and summarize the distinction and relation among the pacification on enforcement guarantee, pacification on enforcement and civil guarantee. Author analyze the background of theory, character, values and legal effect. Then, author applies theory combining with practice, through consulting thesis, laws, judicial interpretation and cases from court, states the current situation of system of pacification on enforcement guarantee and points out that enforcing pacification on enforcement, violating certain rules and regulations and lack of unity exist in courts enforcement. And these problems point out the direction of perfecting the system. Based on legal effect of enforcement of pacification on enforcement guarantee, author proposes the suggestions on the entrance criterion of procedure of pacification on enforcement guarantee, standardizing examination procedure, building of system of risk inform, and endowing enforces of pacification on enforcement guarantee agreement in some conditions. Finally ,author states