Study On The Problems And Countermeasures Of Procedure For Hastening Debt Recovery In Civil Action In China

The procedure for hastening debt recovery refers to a special procedure in which the court issues an order of payment to repay the creditor’s debt within a prescribed time according to the application for payment of money or other securities filed by the creditor.The procedure hastening debt recovery,saves the cost of litigation,improves the efficiency of the procedure,with the function of case diversion,and so on.However,after the introduction of the procedure hastening debt recovery in1991,due to the dual limitation of legislation and practical experience,as well as the restriction of these factors such as the level of social credit investigation,a serious reverse trend has shown in the practice,and the procedure hastening debt recovery fails to achieve the expected effect very well.Therefore,how to solve the dormancy problem of the procedure hastening debt recovery and activate its efficiency is an academic proposition worthy of attention and in-depth discussion.Starting from the basic theory of the procedure hastening debt recovery,this paper reveals the contradiction between the low application rate of supervision procedure and a large number of civil disputes conforming to supervision procedure through empirical investigation analysis and other ways.In order to give full play to the system value and function of the procedure hastening debt recovery,the author deeply explores the restrictive factors of the procedure failure in China,and puts forward practical methods and countermeasures to improve it.Firstly,starting with the concept of the procedure hastening debt recovery,the author compares the differences and connections between the relevant concepts,so as to clearly define the research object;At the same time,through the collection,analysis and supervision procedures in different legal system countries in the historical evolution and implementation of the situation,adhere to the problem-oriented,goal-oriented,results-oriented,combined with the current reality to analyze China’s legislative and judicial difficulties.After the basic problems are clarified,discussing and analyzing the specific problems and their causes.The reason lies in the abuse of the debtor’s right of objection;unreasonable application fee setting;bridging fault between thesupervision procedure and the lawsuit procedure;The relevant supporting laws are not perfect and concrete;The remedy way of wrong payment order is not clear and so on.For these reasons,comparing the successful experience at home and abroad,the author suggests to bring into the social integrity punishment system,push forward the reform of electronic supervision procedures,optimize the new charging standards,and a fair sharing system,and broaden the relief channels of wrongful payment order,so as to truly achieve the parties are willing to choose,the court is willing to use,to build an effective and practical joint commitment to the rapid realization of creditors’ rights and a diversified dispute resolution system.