A Comment. Urge

The procedure for hastening debt recovery is a kind of special litigation procedure design aiming on the quick settlement of civil and commercial disputes. In order to meet the requirements of the situation of "reform and opening-up" in China and the development of the socialist market economy, "Civil Procedure Law of the People's Republic of China" enacted in 1991 adopted some regulations of the procedure for hastening debt recovery, by borrowing foreign legislation experience and applying it to the practical situation of China. The procedure design did play an important role in Chinese judicial practice for a period at the beginning of application. However, it does not run well now for various kinds of reasons, which results in the negative attitude to the procedure, of the parties involved in litigation and the court as well. Consequently, a lot of disputes which should be settled by the procedure for hastening debt recovery have to be settled by the complicated and time-consuming formal litigation procedures, which becomes a barrier to the realization of the aim of legislation. Focusing on the problems the procedure for hastening debt recovery faces at the current situation, this dissertation makes a comparison research on the legislation and judicial practice in foreign countries and China and presents some advices on the healthy operation of the procedure. This dissertation consists of three chapters.Chapter one is an overview of the procedure for hastening debt recovery. It defines the concept and characters of the procedure for hastening debt recovery firstly, that is to say, the procedure for hastening debt recovery is a procedure where the court shall issue an order for debtor's immediate payment upon the creditor's application under the situation that the debtor does not raise objections, from which the creditor is entitled to apply for execution as a consequence. There are several different opinions about the characters of the procedure, among which this dissertation approve of the one that the procedure shall be a special litigation procedure. Then the chapter makes a brief introduction of the origin and development of the procedure. Although the procedure shall evolve from the Rome Times, the modern procedure for hastening debt recovery shall have its origin in Germany while has a good application in the countries of Civil Law Tradition such as Japan, France and Austria by enacting relevant regulations. After introducing the application of this procedure in foreign countries, the chapter makes a general conclusion about the application of it in China from the aspects of basic legislation and judicial explanation. After doing this, this chapter discloses the aim of legislation and the corresponding legal basis of the procedure. The aim of legislation of this procedure is to chase the debtor to perform its obligation by quick and economical ways in the cases embodying clear obligatory relationships. The foundation of this procedure embodies the "Principle of Justice and Efficiency" in Civil Law and Civil Procedure Law. At the end of this chapter, a comparison is made on the differences between the procedure for hastening debt recovery and the small claims procedure which is also aiming on low cost and high efficiency.Chapter Two is about the analysis of the current procedure for hastening debt recovery in China. Compared with the developments in foreign countries, this kind of procedure is a green one which has not reached the aim of legislation, that is to say, the function of settling disputes quickly and economically, although the legislation has borrowed some advanced experience of foreign countries. In this chapter, an analysis is made on the application of the procedure for finding out the inherent reasons of the imperfect application. From the aspect of the regulations, many problems are caused by the imperfect legislation, such as the vague conditions for accepting application, the lack of restriction on objections, the failure of good connection with other litigation procedures, the unreasonable rules of application fees, and the lack of support by the measures of property preservation. From the aspect of deep-rooted reasons, the application of the procedure is restricted by the abuse of right caused by the lack of social honesty and the weak basis of application caused by the green legal consciousness of the public and the ignorance of the work of law popularization.Chapter Three is about the proposals for the perfection of the procedure for hastening debt recovery in China. This dissertation re-examines the procedure for hastening debt recovery in China from a new view by abandoning the traditional way of focusing on the reform of the legislation only. A new proposal is presented that the value and function of the procedure shall be reached by the perfection of regulations and the social basis as well. As for the perfection of regulations, this dissertation advises that the application conditions shall be defined clearly, the examination mechanism on objections shall be reformed, the connections with other litigation procedures shall be enhanced, the burden of application fees shall be perfected while the measures of property preservation shall be introduced in. When it comes to the guarantee of supporting mechanisms, this dissertation states that the social basis of applying the procedure shall be bred by the perfection of the work of law popularization and the foundation of honest social environment.