| Procedure for hastening debt recovery is a special procedure with the aim of settling civil and economic disputes rapidly. Our country's civil procedure law absorbed this procedure in 1991 based on our judicial practice and foreign countries'successful experiences. However, we didn't have the lawmaking experiences of the procedure for hastening debt recovery before ,as well as outwardness of judicial practice. The realization of procedure for hastening debt recovery in our country was not satisfactorily.On the one hand, the aim of this special procedure for settleing unique disputes between parties was not achived,on the other hand some disputes which ought to be settled in this special procedure have to applicate general procedure which takes the paries more time and money .This paper with the view of comparation,breadthwise compare the development of the procedure for hastening debt recovery in different countries'lawmaking and judicial practice ,combined with the analysis of our judicial parctice situation , to find out the obstacles which block the development of our conuntry's procedure for hastening debt recovery.Then this paper propose some suggestions to perfect ours'procedure for hastening debt recovery.Except for the forward and epilougue,the paper includes four parts:PartⅠA summary of procedure for hastening debt recovery. This part is mainly to define the concept of procedure for hastening debt recovery and to analyse the characters of the procedure. Then this part clarify the character of procedure for hastening debt recovery . The author thinks the procedure for hastening debt recovery has different characters.It is not only a noncontenious proceeding,but also has some characters of contentious procedure. Then, the author briefly introduce the histroy and the development of procedure for hastening debt recovery demostic and overseas.PartⅡComparative raseach on procedure for hastening debt recovery demostic and overseas. In this part the author with the clue of the operation of the procedure for hastening debt recovery to introuce the differences between desmotic and overseas on legislation.Then, with foreign countries'experiences of the procedure for hastening debt recovery to find out the dificiencies of our's the procedure for hastening debt recovery.PartⅢThe survey on our country's procudure for hastening debt recovery. Compared to other countries'practicing, the operation of procudure for hastening debt recovery in our country is not good. In this part, the author introduce our country's practicing in application of procudure for hastening debt recovery.Then the author try to discuss some problems that have not studied before , like the effectiveness of the order of payment, whether this procedure can be applied in guarantee cases and so on .PartⅣThe thinking about how to improve our country's procudure for hastening debt recovery. This part, the author conclude the obstacles that block the operation of our country's procudure for hastening debt recovery,and on the base of hat ,the author give some suggestions on how to improve our country's procudure for hastening debt recovery. |
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