Analysis Of Procedure For Hastening Debt Recoverty Predicaments And Countermeasures

Procedure for hastening debt recovery is a kind of non-litigation process which settling civil disputes rapidly. Our country had added this procedure in<Civil Procedure Law>in1991, but this procedure for a very low rate in the judicial practice. The procedure for hastening debt recovery not been functioning properly, and thus make a large number of cases which ought to be settled in this procedure have to apply to general litigation procedure. In2012, our country improved and perfected procedure for hastening debt recovery when<Civil Procedure Law> amended. Its purpose is to give full play to the characteristics which solving civil creditor debt disputes simply and economy of procedure for hastening debt recovery, and safeguard the legitimate rights and interests of the parties better, realize the distributaries of cases and thus allocate judicial resources scientifically and rationally. However, looking from the current procedure settings, procedure for hastening debt recovery can not bear the expectations which legislators counted on, so improve and perfect this procedure has a very important practical significance for our country.Expect the conclusion; this paper is divided into four parts. The first part is defined the concept and the characters of the procedure for hastening debt recovery and analyzed the legal significance of this procedure. The second part, since the procedure originated in Germany and widely used in civil law countries, the author selected Germany, Japan and Taiwan of China as a representative, described the legislations and the present situations in the judicial practice about the procedure for hastening debt recovery in above-mentioned countries and region. Then through the combination of form and text, made a comparative analysis more directly from two aspects between our country and above-mentioned countries and region, one is relevant legislation on procedure for hastening debt recovery, another is application situation of this procedure, and made my owe views on this basis. The third part, the author concluded and analyzed the predicaments of the procedure for hastening debt recovery faced from its own procedure settings and external environments based on the actual situation of our country, to provide a basis for improving and perfecting this procedure. The fourth part, relying on the predicaments of the procedure for hastening debt recovery which pointed out in the third part, the author gave some related advices for improving and perfecting this procedure from the above two aspects.