Study On The Institution Of Double Interest On The Debt For The Belated Payment And Charge For The Dilatory Fulfillment

As the institution of double interest on the debt for the belated payment and charge for the dilatory fulfillment is set roughly in < Civil Procedure Law of People’s Republic of China>, the execution of the institution always goes to a mass. A series of regulations are set to solve the problems, but some of them are remained. For example, whether the start of the institution need an application of creditor and so on. All of these problems should be solved in regard of the nature of the institution.This thesis is composed of five parts and about 30,000 words.The first part is an introduction of the basic theory about the institution of double interest on the debt for the belated payment and charge for the dilatory fulfillment. The subject of the institution set by <Civil Procedure Law of People’s Republic of China > is to oblige the debtor to pay off debt. Punitive and compensatory are the nature of the institution of double interest on the debt for the belated payment and charge for the dilatory fulfillment. The nature of punitive means the institution charges debtor of the double interest and charge for the dilatory fulfillment. The nature of compensatory means the double interest and charge for the dilatory fulfillment will be sent to creditor.The second part describes the similar institution in Germany, Taiwan, France, Japan and Korea. In the situation of failed execution, Germany and Taiwan charge the debtor in represent of country while France as well as Japan and Korea in represent of the creditor. The same subject of the above modes is to punish the debtor for the delay of paying off. The latter can also meet the need of compensate for the creditor. The institution of double interest on the debt for the belated payment and charge for the dilatory fulfillment of our country closes to the latter one. For the reason of vacancy of compensatory institution in the Civil law in our country, the institution of double interest on the debt for the belated payment and charge for the dilatory fulfillment plays an important role in the enforcement.The third part discusses the status of the institution of double interest on the debt for the belated payment and charge for the dilatory fulfillment, including the < The Interpretation of the Supreme People’s Court on How to Calculate the Interest on Debts for the Period of Deferred Performance and Other Issues in the Enforcement Work>. The <The Interpretation of the Supreme People’s Court on How to Calculate the Interest on Debts for the Period of Deferred Performance and Other Issues in the Enforcement Work > aims to solve three problems: the first one is how to deal with the relationship of the common interest and the double interest on the debt; the second one is how to calculate the common interest and the double interest on the debt; the third one is how to calculate the double interest on the debt in special situation. The <The Interpretation of the Supreme People’s Court on How to Calculate the Interest on Debts for the Period of Deferred Performance and Other Issues in the Enforcement Work>solves most of the problems remained in the enforcement work, but we sill need to think over on some points such as the legality of the institution and how to calculate the charge for the dilatory fulfillmentThe forth part states the current situation of the execution of the institution. The application of creditor for the institution of double interest on the debt for the belated payment and charge for the dilatory fulfillment is the precondition in enforcement work, which seems a paradox to the legality of the institution. And the execution of both fine and double interest on the debt and charge for the dilatory fulfillment is unfair to the debtor. Except for these, the calculation of the double interest on the debt for the belated payment meets problems such as the standard of the interest and the base figure of the calculation and the duration of the delay. Besides, the calculation of the charge for the dilatory fulfillment face huger difficulties.The fifth part puts forward several suggestions on improving the execution of the institution of double interest on the debt for the belated payment and charge for the dilatory fulfillment. Whether in the angle of law or the angle of economy, the institution of double interest on the debt for the belated payment and charge for the dilatory fulfillment is so important that we should take a new look at it. In regard of the start of the institution, it is preferred that the creditor set an application. And we should guarantee the right to be informed of the creditor. As to the remained problems, study should be continued.