The Perfection Of Our Country's Hastening Debt Recovery

Hastening Debt Recovery, is also called the order of payment procedure, is a kind of problem which urge the debtor to perform his obligation limit in the form of order of payment.Our country draw lessons from foreign country's legislative experience on the basis of the program The legislative purpose is to realize the creditor's rights without the court substantive trial for the clear case Civilian law was modified in 2012 in China, which part of supervise and urge program mainly has the two changes, the people of the modified method is the improvement of the program. In 2014, the latest judicial interpretation the application of the program of further improvement.However, there are still some problems in the judicial practice, such as the applicable rate is low, and lack of preservation system.,and so on.Thus urged program will not be enough to reach its convenient and guaranteed justice goal, so perfect supervise and urge program is very important and practical for our country.Hastening Debt Recovery has three functions:to save the cost of litigation, to be a fair procedure and realize the diversity of the civil procedure. Hastening Debt Recovery safeguard the legitimate rights and interests of the parties.Compare with other programs,it can save time and money.And in this article,I cited Germany, Japan and France urged the legislative overview of the program, and try to find out our country and the several typical continental law system countries' differences in this progream.from the jurisdiction, the applicable scope and carried on the comparative analysis on the specific process and draw lessons I also tell something about our country's Hastening Debt Recovery.'s legislation and problems.I listed our country legislation development and the modification of this program in 2012. In 2014, the latest judicial interpretation on the application of the program of further improvement.And then analysed the problems of this program. For example,the creditors to the order of payment request which will need review twice,and lack of preservation system. Supervise and urge program while the pursuit of simple and convenient, but fair is also the pursuit of goals. So solve these problems is very necessary.Our country legislation development and the modification of this program in 2012. and Hastening Debt Recovery also has its problems.The part puts forward to urge the problem and makes suggestions which the third part puts forward.On the one hand,it improves suggestions for legislation,on the other hand,it focus on improving the judicial idea of the parties. Strengthen the propaganda work and supervise the program makes the creditors can choose a reasonable program to solve the debt disputes, without unnecessary litigation the waste of resources..