Supervise The Application Study Of The Procedure

In 1991,China established the supervision procedure on the basis of referring to relevant overseas legislation,which has been well run in Germany,Japan and Taiwan.In the modern society with increasingly frequent economic disputes,the procedure has played a role in quickly solving disputes,saving judicial resources and alleviating judicial pressure.On the contrary,the application of supervision procedure in our country is confronted with the practical dilemma of procedure vacancy,dispute resolution and low efficiency.In the current situation where the contradiction of"more people than fewer cases" is prominent,it is necessary for us to activate the supervision procedure,improve its application rate and efficiency,and give full play to its role in saving judicial resources and alleviating judicial pressure.Analysis in this paper,starting from the basic theory of supervise and urge program,supervise and urge program concept,legal nature and value of the function,through studying and summarizing outside pressing procedure legislation and practical experience,analysis of supervise and urge program in the judicial practice in our country for the cause of the poor,and then puts forward concrete Suggestions to perfect the supervision program,so as to give full play to the advantages of supervise and urge program.This paper consists of four parts:Chapter one:an overview of the basic theory of supervision procedure.Starting from the concept of supervision procedure,this paper defines the legal nature of supervision procedure from the two aspects of litigation purpose and procedure content,and holds that supervision procedure is non-litigation procedure.This paper analyzes the value function of the supervision procedure from the perspective of program design,and considers that its value function mainly includes:the procedure is simple,the dispute is solved quickly and the case is separated,the judicial cost is saved and the diversified protection is provided for the realization of creditor’s rights.Chapter two:outside supervision procedure of investigation and analysis,by means of Germany,Japan and our country Taiwan area’s supervision procedure legislation general situation and the application of the status analysis,found the outside supervise procedures applicable rate is high,the objection rate low,electronic automation degree is high,the order of payment dissent have restrictions and complete relief way,etc,and then summarizes the enlightenment to supervise and urge program reform in China.Chapter three:to investigate the status of application of supervise and urge program based on Chinese law yearbook in urging procedures applicable data as the research object,and with the aid of a magic weapon of Peking University judicial case retrieval platform for supervision procedure in China between 2000 and 2017,the applicable situation analysis,at the same time with Japan urged procedures applicable case comparison,get the urge program serious,suitable vacancy rate is low and high rates of dissent.In order to activate the supervision procedure and get out of the judicial dilemma of low utilization rate and low production efficiency,this paper analyzes the reasons restricting the supervision procedure from the perspective of parties and courts.Chapter four:Suggestions to improve the supervision procedure:make it clear that property preservation is applicable to the supervision procedure to provide multiple protection for the realization of creditor’s rights;To strengthen the court’s obligation of presentment and explanation,and bring the application of supervision procedure into the assessment standard,so as to enhanee the court’s enthusiasm in starting supervision procedure;Accelerate and supervise the reform of electronic procedure;Improve the jurisdiction,pleadings,litigation costs and loss bearing provisions,optimize the supervision and supervision procedures and proeedures of convergence;Adopt strict consistency review system to prevent false payment order at the source;We should expand the subject of the retrial of the payment order and improve the relief guarantee of the error of the payment order.