The Procedure Of Hastening Debt Recovery Under The Historical Dimension

The procedure of hastening debt recovery is a procedure that the creditor submits an application to the court to issuean order of paymentto urge thedebtorto repay the debts within a certain period. After theexpiration of the period if the debtor has failedto raise objections, the payment order become enforceable.The procedure of hastening debt recovery originated in Germany, and it was firstintroduced inthe Civil Procedure Law in theearlyperiodof Late Qing Dynasty, then it wasamendedseveral times and was bolishedwhen the People's Republic of Chinawas established. The procedurewas introduced into the Civil Procedurelawagain until 1991 the firstformal Code of Civil Procedure law wasenacted. It has becomethe currentprogram after been amended and supplemented for several times. Compared withothercountries and regions, the situation of the procedure of hastening debt recovery in our country is not very well. So the author want to explorethe procedure's developmenthistory and to compare the procedurein other countries andregions that the author can conclude the reason why the procedure doesn't run well,then make some suggestionsconcerned with internal procedures and externalsocialsystem.Besides the introductionand conclusion,the articleis divided intofive parts. Part one is the overview of the procedure of hastening debt recovery. It include its concepts, features and the author think itis a non-litigation procedure. Then analysising the theory of Civil Procedure of the procedure of hastening debt recovery.Part two list the origin and evolution of the procedure of hastening debt recovery. It include the origin and evolution of the procedure of hastening debt recoveryin Germany. Since 1911 the Late Qing Dynastyfrom our current rules of the procedure, I have compared several importantlegislative documents about some majorchangeof the procedure and analysised the reasons for the changesof the procedure of hastening debt recovery. Then get some enlightenmentthrough the study of the historical origin and development.Part three is thecomparisonofthe procedure of hastening debt recovery in China andthe foreignsystems. This part will introduce the current specific process of the procedure in China,and comparatively introduce the provisions of othercountries and regions at the same time. Especially some provisions that different from our legislations.Part four is introducing the operation ofthe procedure of hastening debt recovery in practice. It include the situation of judicial practice and theoretical research. And then analysising some practiceproblems of the procedure, for example, its substantive examination and its procedurecosts.Part five is based on theanalysisingof the procedure of hastening debt recovery in China and other countries,according to the reason why the procedure doesn't run well in China,I suggest that we shouldkeep the non-litigation nature ofthe procedure of hastening debt recovery when we amending the procedure. It is necessary to amend someprogramprocesses such as the application foran order of payment, the debtor objections,procedure costs. Finally, we should improve the externalsupporting measures by establishing thebusiness integritysystem, which will keep the procedure of hastening debt recovery running well from the outside.