On The Reconstruction Of The Civil Procedure Law In China And Urging Procedure

Exigi facias procedure is a kind of special contentious procedure with the aim of settleing fast tort, is new specified procedure in civil procedure law in 1991 in our country, is requirement that an our country the commodity economy rolls reenforce with civil dispute bulk. But, in our country , this procedure to be placed obviously nominal status .Its legislation target can't be relized, its effect can't be developed. But in the continent jurisprudence countries, this procedure strengthens increasingly in the operation of legislation. Through comparing , we will bring the doubt: Why other countries have got the exigi facias procedure of the good result, while our country not? The reason is that we first introduce this procedure, the legislation is too simple and operability is bad. Anther more essential reason is that we could not grasp correctly the tenet of exigi facias procedure, could not to make it logical in procedure design.With a view of the comparative law, the author contrasts legislation and judicature of all countries, and contrast its origin, roll circumstance, then the author find out the leitmotiv of this procedure that solving dispute more quickly and economicly at the foundation of guaranteeing the fair. Regarding the aim of the fair and benefit as guiding, the text is divided five sections to be discussed. In the five sections, author studies respectively the concrete procedure design, the application, investigation, announcement and demurrer of the order for payment and the other procedural problem. The above-mentioned tie up the fair and benefit of exigi facias procedure , relate to the exigi facias procedure realization .The text makes the specializedtreatise versus the above problems, and points out the merit and shortcoming of our country's legislation, and put forward the perfect suggestions.