A Study On The Dilemma Of China’s Supervisory Procedures And The Path Of Improvement

In recent years,the judicial contradiction of "fewer case number" has affected the smooth proceeding of civil adjudication of Chinese judicial system,which has gained wide attention in academic circle and judicial practice.It can be found from the related measures of the supervision procedure of the civil law system and the judicial practice for many years that the active application of supervision procedure to solve the type disputes is an effective path to resolve the "few cases" contradiction.However,the supervision procedure has not played the function of diverting civil cases and thus reducing the judicial pressure of court and alleviating the judicial contradiction in the judicial practice of our country.Based on the evolution process of the supervision procedure in our system as a starting point,this thesis mainly uses empirical data analysis method,comparative analysis method,excavate the existing problems of the supervision procedure,analyze the causes of the problems and put forward a comprehensive and targeted suggestions.This thesis is divided into the following four parts:The first part mainly introduces the formation and function presupposition of the supervision procedure in our country.Firstly,it starts from the evolution process of the supervision procedure and analyzes the function of the supervision procedure system.For the parties concerned,the supervision procedure can provide them with the option of procedure to maximize the benefit;For the court,the supervision procedure can simplify the trial procedure and improve the trial efficiency.For the society,supervising procedures can save judicial costs,promote procedural justice and stabilize social order.The second part mainly introduces the judicial application situation of the supervision procedure at home and abroad,through the empirical data on the supervision procedure comparative investigation,found that the application situation of the supervision procedure in our country is not optimistic,in Germany,Japan and other countries the application situation is very good,it can be seen that the supervision procedure in our country has fallen into the application predicament of low rate of application.The third part mainly introduces the difficulties existing in the application process of the urging procedure,the logic of "being able to serve the debtor" of the payment order condition in legislation is confused,the transitional provisions between the urging procedure and the ordinary litigation procedure are not specific enough,and the interests of protecting the creditor’s right to apply and restricting the debtor’s objection are not balanced,etc.In judicial practice,the supervision procedure cannot provide the parties with the right relief and also cannot provide the court with a more convenient solution.In the peripheral system,the supervision procedure cannot meet the requirements of the development of judicial informatization.The fourth part puts forward appropriate suggestions to improve the above problems.Firstly,it clarifies the preconditions for the application of the supervision procedure,clarifies the nature and attribute of the supervision procedure as skimming procedure,and improves the regulation of the connection between the supervision procedure and the litigation procedure.Secondly,the protection and limitation of the parties’ rights should be fully considered from the perspective of interest balance.The reform of the electronic payment order should be further deepened.Under the current situation of scarce trial resources and sharp judicial contradictions,supervision procedure,as a system of diverting cases and relieving trial pressure,should be precious to our country.We should face up to the existing problems of supervision procedure and put forward targeted and feasible measures to construct a more perfect solution for the smooth operation of supervision procedure.Expect to urge the program to get out of the current predicament and give full play to its due effect.