Analysis Of Procedure Of Hastening Debt Recovery

Procedure of hastening debt recovery is a kind of special procedure and an important procedure in the Civil Procedure Law.This procedure is set not only for efficiency,but also for fairness.However,compared to the applying situation of the procedure of hastening debt recovery in the foreign countries,its applicable situation in our country was not good,and the difference is tremendous.After investigating through and through,the author write this paper,and hope this paper to accelerate the innovation and legislation perfection of procedure of hastening debt recovery in our country.Disquistive method of this paper is comparative study.This paper firstly introduces the fundamental theory of procedure for hastening debt recovery;secondly presents the extraterritorial investigation,and makes comparative study;thirdly analyses the favorable factors of the extraterritorial procedure for hastening debt recovery and the impediment factors of territorial procedure for hastening debt recovery;lastly demonstrates the controversy of existence and voidance the procedure of hastening debt recovery in our country,and prospects the future of procedure of hastening debt recovery.This paper is divided into four parts:The first chapter is an introduction of fundamental theory of procedure of hastening debt recovery.It firstly expounds the concept,characteristics,function,and important document in point of procedure of hastening debt recovery.The second chapter is the extraterritorial investigation.In this chapter, the author discusses the legislation and applying situation in practice of Germany,Japan,France,Russia,and Taiwan district.By the way of comparison,the author analyzed the simiarity and discrepancy of those countries and district.Moreover,the author summarize the advantageous factors,and our country can refer to them.The third chapter is the legislation and applying situation of procedure of hastening debt recovery in our country.Firstly,the author analyse the legislation and theory disquisition,then comment on them.Secondly,the author introduces applying situation of this procedure,and then analyzed disadvantageous factors of procedure for hastening debt recovery in our country.This part is the matting of innovation of procedure for hastening debt recovery in our country.The fourth chapter is mainly about the innovation and legislation perfection of procedure of hastening debt recover,in our country.Based on refuting voidance the procedure of hastening debt recovery in our country,the author summarized constructive deliverance as follows:First, the application and acceptance of the order of payment should be consummated;Second,the judge should be endowed with the power of procedure switch;Third,the judge should be endowed with entitative examination power of debtor's demur;Fourth,the juncture of procedure of hastening debt recovery and the common proceedings should be perfect; Fifth,set up property preservation in the procedure of hastening debt recovery;Sixth,constitute and apply good faith system in the procedure of hastening debt recovery;Seventh,induct judicial modernization in the procedure of hastening debt recovery.In the epilogue,the author indicate the procedure of hastening debt recovery should exist continually in our country.The fine operation of the procedure of hastening debt recovery depends on the improvement of the procedure and the supporting mechanism.In this way,the procedure can operate well and bring its value and function into practice in our country.