Research On The Procedure For Hastening Debt Recovery

Procedure for hastening debt recovery is a kind of special procedure with the aim of settling civil and economic dispute rapidly. Our country has added this procedure in civil procedure law in 1991, and it has played an important role in trial practice from then on. But nowadays, on account of various reasons, the legislation purpose of procedure for hastening debt recovery in our country can't be realized and its effect can't be developed normally.This paper is divided into four chapters except the foreword and conclusion. The first chapter is an introduction of procedure for hastening debt recovery. It firstly expounded the concept and characteristics of procedure for hastening debt. That is, it is the procedure that people's court according to the application of claimant, issue a payment order to the debtor when dealing with the debt as the delivery content of money or value securities, and it is applied in urging the debtor to clear the debt. Furthermore, there're eight characteristics of this procedure. And then, this paper analyzed the legislation purpose and bases of legal principles in detail. The legislation purpose of procedure for hastening debt recovery is settling the dispute between parties and protecting interests of claimant. Meanwhile, the author also discussed the legal meaning of this procedure. At last, this essay made a comparison between procedure for hastening debt recovery and summary procedure. The second chapter is the extraterritorial investigation. In this chapter, the author discussed the legislation and applying situation in practice of Germany, Japan, and France by the way of comparison. Moreover, the author analyzed the merits and shortcomings of those countries as well as some points can be used for reference by our country. The third chapter is the current situation of application and existed problems of procedure for hastening debt recovery in our country. Firstly, the author discussed the legislation and practical situation of this procedure, and then analyzed some existed problems and reasons of procedure for hastening debt recovery in our country. The forth chapter, also the last chapter of this article, is the innovation and legislation perfection of procedure for hastening debt recovery in our country. Based on analyzing the current situation and studying from related experiences of foreign countries, the author summed up the pluses and minuses of legislation and practice in our country, as well as gave some related advices for solving these problems.