论我国督促程序的立法完善.pdfVIP

程序增设财产保全制度的必要性。并就设立财产保全制度在司法实践中所需要 注意的问题提出了自己的看法。 第四部分是配套制度的完善。通过对督促程序的立法现状和运行障碍的分 析，笔者提出了内外制度双管齐下的解决思路，即督促程序的良胜运作是要靠 制度自身完善与配套机制的保障相结合，才能真正达到督促程序良性运作的目 的，发挥督促程序制度本身价值和功能。首先是对于督促程序申请费用相关问 题的解决，其次是规定督促程序的审限问题，最后是挖掘制度之外影响督促程 序功能发挥的深层次原因，笔者认为我国社会信用制度不健全和失信成本偏低 是影响督促程序功能发挥的最重要的两个外部因素，急需完善我国的信用制度 和失信惩罚机制，使督促程序真正发挥其功能。 关键词：督促程序；障碍；异议审查；财产保全；信用制度 V Abstract The Civil Procedure Law of the People’s Republic of China adopted in 1991 aimed at new circumstance of our country’s economic development and civil judicature. It increased the regulation of the procedure for hastening debt recovery, based on absorbing and using the experience of the foreign civil litigation lawmaking for reference properly. During the adjudgement was carried out, the procedure for hastening debt recovery brought a long time effect into play, settled some claims and debts duly. The law which was propitious to stabilize to civil jurally relation between the parties achieved the parties’aim which was tried to adjust the disputes rapidly and improve the efficiency of people’s court to handle case. However, we didn’t have the lawmaking experience of the procedure for hastening debt recovery as well as outwardness of judicial practice. Although the comment was prescribed in the active law of civil procedure. There were only four items in the law. The involved judicial interpretations were not enough, either. Compare to the development of the procedure for hastening debt recovery in the foreign countries, it’srealization in our country was not good. Many problems appeared in the theoretic and the practicing of the procedure for hastening debt recovery. These problems make the dispute over obligations which o