The Current Situation And Further Inprowement Of Payment Order Procedure In Our Country

Payment order procedure is a kind of non-litigation process which settling civil disputes rapidly.It came into being in the present rapid social development of commodity economy and its mission is to quickly,flexibly help creditors achieve their debt by low-cost and low consumption.So it can reduce the work-load of creditors an the Court. However, since this procedure had been introduced to China Civil Procedure Law in 1991, its state and survival situation doesn't work as perfectly as expected,even contrary to the original intention when it was set up. Its low application rate and low efficiency seems to indicate that this procedure is dispensable, even unnecessary. This paper aims to analyze the current situation and find out why this procedure can't work well, then I can make some recommendations for further improvement by the help of the relevant provisions revised in <Civil Procedure Law> in 2013.This paper is divided into three parts. The first part provides an overview of the payment order procedure, introduces different meanings of the procedure in different countries, defines its properties, and its legislative process in foreign countries and in our country.The second part describes the situation in our country, and analyzes the reasons that why it has been neglected, which include its own reasons, and the environmental reasons.In the third part, base on situation of our country,the the author hope to give his own proposals to improve this procedure with the basis of the second part of the analys is above, under the help of the newly revised Civil Procedure Law.