The Practical Logic and Limits of Judges'Participation in the Enforcement of Settlements
Although the participation of judges in the enforcement of settlements is excluded from the existing rules,it has already become a common empirical fact in judicial practice.The outcome of this phenomenon is not only motivated by external factors such as the pressure of the enforcement environment,the regulation of judicial policies and the requirements of court assess-ment,but also stems from the preference of enforcement judges for dispute resolution,the pursuit of common cooperation in-terests,and the intrinsic driving force of personal professional satisfaction.The appropriate participation of judges can objec-tively eliminate the absence of the parties'consent,find a breakthrough point for the parties'cooperation,and promote the re-alization of the settlement plan.However,excessive participation may bring the risk of"consensual coercion","mediation con-fusion"and"secondary dispute".Judges'participation should base on the party's autonomous will,and its intervention should be limited within the scope of interpretation and judicial review.
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