意思自治原则的贯彻

• 영문명: The implementation of the principle of autonomy of the meaning -An empirical study on the civil enforcement of reconciliation system
• 발행기관: 원광대학교 법학연구소
• 저자명: 武翠丹(무취단 Wu Cuidan)
• 간행물 정보: 『원광법학』제33권 제4호, 421~435쪽, 전체 15쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.12.31

영문 초록

The civil execution is based on the co-acting force and emphasizes the struggle thinking in the process of implementation. However, simply relying on coercion can not solve the various difficulties encountered in the implementation of the work. Therefore, the implementation of conciliation system arises at the historic moment, which not only alleviated the severity of the effective legal documents, but also helped safeguard the legitimate rights and interests of the litigants and enhance the credibility of the judiciary. However, there are five deficiencies in the implementation of conciliation system in the process of operation, such as the unclear position of judges, the absence of relief mode, the ineffectiveness of the comprised agreement, the non-standard procedures of reconciliation procedures, and the imperfection of disciplinary system in violation of the agreement, which needs further improvement.

목차

一、问题的缘起

二、对J区法院民事执行和解案件的统计分析

三、制度运行中存在的问题

四、执行和解制度的完善路径

키워드

principle of autonomy implementation comprised agreement execution effect