On The Urging Of Benign Operation Of The Program

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 increased the regulation of the procedure for hastening debt recovery, based on absorbing and using the experience of the foreign civil litigation lawmaking for reference properly. During the adjudgement was carried out, the procedure for hastening debt recovery brought a long time effect into play, settled some claims and debts duly. 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 cases. However, we didn't have the lawmaking experience of the procedure for hastening debt recovery as well as the outwardness of judicial practice. Although, the comment was prescribed in the active law of civil procedure. There were only four items in the law. The involved judicial interpretations were not enough, either. 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. These problems make the dispute over obligations which ought to be settled up in the procedure for hastening debt recovery wouldn't be finished until long. It's function can't be exerted adequately and availably. This paper starts with the comparison method, breadthwise compares the development of the procedure for hastening debt recovery in different countries' lawmaking and judicature, and lengthways compares its origin and development. The paper also analyses it's implementing actuality and problems combining our country's practical situation. Then 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 meaning and development of the procedure for hastening debt recovery. First, it defines the concept and the characters of the procedure for hastening debt recovery. It is a procedure in which the people's court supervises the debtor to clear off debts. If the payment in the debt case is money or securities,...