Analysis On The Application Of The Procedure Of Hastening Debt Recovery

The Civil Procedure Law of the People's Republic of China adopted in 1991 aimed at new circumstances of our country's economic development and civil judicature. It is based on absorbing and using the experience of the foreign civil litigation lawmaking for reference properly. During the trial practice, the procedure for hastening debt recovery brought a long time effect into play, settled some claims and debts. The law which was propitious to stabilize the civil jural relation between the parties achieved the parties'aim which was tried to adjust the disputes rapidly and improve the efficiency of people's court to handle the case. However, we didn't have the lawmaking experience of the procedure for hastening debt recovery as well as the outwardness of judicial practices. Although, the comment was prescribed in the civil procedure law. There were only four items in the law. The involved judicial interpretations were not enough. Compared to the development of the procedure for hastening debt recovery in the foreign countries, it's realization in our country was not good. Many problems appeared in the theoretic and the practicing of the procedure for hastening debt recovery. This paper starts with the practicing of the procedure for hastening debt recovery in our country, and compared to the practicing in other foreign counties. The paper brings doable proposal forward to accelerate it function normally and well Except for the foreword and the epilogue, the paper has four parts.Part I, The practicing of the hastening debt recovery in our country. According to a lot of information, point out the fact that the practicing of the hastening debt recovery in our country is very lowness, compared to the practicing of the hastening debt recovery in other foreign countries, the paper analyses it's implementing actuality and problems combining our country's practical situation.Part II, The mode of the operation of the procedure for hastening debt recovery. This part discusses the most important legal instrument in the procedure for hastening debt recovery---the order of payment. It is based solely on our country's law to clean up the fundamental mode of the operation of the procedure for hastening debt recovery. Aiming at the double checkup after the application of the order of payment, the effectiveness of the order of payment, the debtor's demurrals and the particularity that the procedure for hastening debt recovery can be application in the sponsion cases, the author analyses thoroughly and particularity, then puts my own opinion forwardPart III Analyses the problems in the procedure for hastening debt recovery. Based on the tradeoff studies, the author analyses the problems in the procedure for hastening debt recovery. For example, the propagandizing and the recognition are not enough, the debtors are easy to abuse objections that can't be cracked down on effectively, the join of the procedure for hastening debt recovery and the proceeding is short, the procedure for hastening debt recovery can't be ensured by property preservation and so on.Part IV The thinking about how to improve our country's procedure for hastening debt recovery. The author surveys our country's procedure for hastening debt recovery with new angle of view without restricting to pushing for the procedure itself. And find out the reasons why the procedure was restricted. Put forward the solve the problems with the inside and outside systems. In other words, the good operation of the procedure for hastening debt recovery depends on the improvement of the procedure and the supporting mechanism. In this way, the system can operate well and bring its value and function into play. Author perfects the procedure itself, some problems are analyzed in details, such as strengthening the legal propaganda and spreading of the procedure for hastening debt recovery , adding the article of joining between the procedure for hastening debt recovery and the common proceedings, giving economic punishment to the debtor who abuses a right to demur, and setting up property preservation in the procedure for hastening debt recovery.