Analysis Of Procedure For Hastening Debt Recoverty Predicaments And Countermeasures

In 1991,our civil procedure law introduced the procedure for hastening debt recovery. But in practice, this special procedure has low rate of using and effecting, which fails to do it’s due functions, forcing plenty civil debt disputes to be solved by civil proceedings, as well as allocating judicial resources unreasonably.In 2013 new edition of Civil Procedure Law made some refined measures about the procedure for hastening debt recovery, involved setting application of it that can increase the opportunity of using; and stipulating that courts have obligation of censoring whether debtors’ objections are effective or not, which minimizes the possibilities of abusing powers; stating that as soon as obligators’ dissentions put the procedure for hastening debt recovery to end,debt disputes will be into civil proceeding automatic, which solve the problems of joints between the procedure for hastening debt recovery and the civil proceeding, and give creditors right of disposing. Undoubtedly, these measures reflect that lawmakers hope to finish the difficult position of the procedure for hastening debt recovery and build a socialist country under the rule of law, full of Chinese characteristics.This article consists of five chapters:chapter one has the contents of setting the meanings of the procedure for hastening debt recovery, giving definition about the procedure from different angles, ranging from scope of application, concrete procures to purpose; analyzing the nature of the procedure, by means of discussing three representatively ideas of it,introducing my understanding about the definition of this procedure that the procedure for hastening debt recovery is a less simply civil proceeding, and proving my viewpoint by contrasting characteristics of non litigation procedures and the procedure for hastening debt recovery; arguing the procedure for hastening debt recovery’s legal meanings incidentally. In chapter two, author describe present situation of the procedure for hastening debt recovery in German、France、 Japan and Taiwan and analyze advantages and disadvantages. In chapter three, from macroscopic view, author evaluate current situation of the procedure for hastening debt recovery in China, then describe existing problems:low rate of using and effecting and malicious litigation. Lastly, author find reasons of the problems in external environment and outer circumstances. In chapter four, for the aim of extremely realizing the purpose of the procedure for hastening debt recovery and allocating judicial resources rationally, author raises advises on refinement. Chapter five is conclusion.