The Predicamentand Perfection Of The Order For Payment Procedure

The order for payment procedure in modern sense derived formGermany. The procedure is a kind of procedure peculiar to civil lawcountries that perform very well in Germany, France, Japan and Taiwan. It isa special procedure with the aim of dealing with civil disputes quickly.Our Civil Procedure Law brought in the order for payment procedurein1991on the basis of some civil law countries’ successful judicialexperiences. At the beginning, this procedure is placed high hope in settlingeconomic disputes by peaceful means. As time goes, shortcomings anddefects of our order for payment procedure are appearing constantly yearafter year. The order for payment procedure seldom applied in judicialpractices so that a good deal of conflicts which should be resolve by thisprocedure fall back on ordinary procedure.Although the order for payment procedure was improved in2012, it isstill open to objection. The author has divided this paper into four chapters except for theforward and conclusion: The first chapter is about the summary of the orderfor payment procedure. The author defines the concept and discusses thedebates of the innate character of this procedure. Then this part points outthe significance and necessity of the order for payment procedure. Theauthor also talk about the developing history and foreign judicial practicesof this procedure. The second chapter finds out the Predicament of the orderfor payment procedure in the judicial practice. Continues from the lastchapter, the third chapter analyzes the internal and external causes whichresult in the predicament of the order for payment procedure. At last, basedon the analysis of the preceding part of the text, the four chapter tries to findout the way how to construct the credit system and the legal systemconcerning the order for payment procedure.