The Research About The Difficulties And Countermeasures In The Procedure For Hastening Debt Recovery Of Civil Action

On the basis of referencing for foreign legislation,China has established the procedure for hastening debt recovery.It well applied in Germany,France,Japan and so on which use civil law.This procedure has effect on relieving judicial pressures,saving resources and settling disputes decisively,however,it gets in plight of invalidation and low efficiency.Base on the analysis of its own characteristics and nature of the procedure,with its applicability the evolution of the law,the present situation of our country and compared with foreign countries,the analysis procedure in China of “cold”,and then put forward to improve the procedure for hastening debt recovery,in order to better play its convenient,quick the function of resolving disputes.The main body of the paper consists of three parts:Part one is the summary of the procedure for hastening debt recovery.Firstly,I'll expound the definition and connotation of the procedure;secondly,I'll analyze its nature,“mixed procedure theory” is my opinion;thirdly,I'll analyze the relevant legislation in chronological order to state its progresses and defects.Part two is the application status of the procedure for hastening debt recovery in China.I will use the method of empirical analysis to summarize the application of foreign procedures,and then,a large amount of data is used to analyze the application of the procedure for hastening debt recovery in recent years,in order to find the short board and find the gap.Part three is about the obstacles of the procedure for hastening debt recovery in China.After analyzing the data,the difficulties and obstacles of China's procedures encountered in practice are summarized from the two aspects of the subject and the system,then dig out the reasons for the difficulties encountered in practice.Part four is how to perfect the procedure for hastening debt recovery in China.By analyzing why this procedure gets in trouble in the previous three parts.I'll offer my proposal to perfect the procedure in China: improve the social and judicialenvironment,reform the charge standard of application fee,concretized the cohesive clause,change “review twice” into “review once”,expand the applicability of preserve system,launch electronic reform and so on.