根据我国现行的法律规定,在执行程序中,申请执行人和被执行人达成和解协议后,原执行程序可能因当事人的申请中止或终结,但法律并未规定在当事人没有做出明确意思表示时,原执行程序应处于何种状态,这也在实践中造成了混乱。为保障当事人的合法权益,和解协议成立后,当事人选择执行程序状态前,或者当事人未做任何意思表示时,原执行程序的状态应作中止处理;若当事人选择因执行和解协议而终结执行程序,要重新开启执行程序,则需再次申请,同时要受到两年的执行时效和受理执行申请条件限制。此外,执行和解协议的履行情况应由法院采取被动的形式审查才能原终结执行程序。 According to the current laws and regulations of our country, after the execution of the agreement, the original enforcement procedures may be suspended or terminated by the parties due to the implementation of the agreement. However, the law does not stipulate that when the parties have not explicitly expressed their opinions , The original implementation process should be in what state, which also caused confusion in practice. In order to protect the legitimate rights and interests of the parties, after the settlement agreement is established, if the parties choose to implement the program status, or the parties have not made any meaning, the status of the original execution program should be suspended. If the parties choose to terminate the implementation process due to the implementation of the settlement agreement, To re-open the implementation process, you need to re-apply, at the same time be subject to two years of implementation limitations and acceptance of the implementation of the application conditions. In addition, the implementation of the settlement agreement should be conducted by the courts in a passive formality review process to put an end to the implementation process.