论督促程序与通常诉讼程序的衔接-诉讼法学专业论文.docxVIP

PAGE PAGE 1 Abstract The original utility of the procedure for hastening debt recovery is helping creditors to receive credit simply and fast. At the same time ,it also can help the course to settle down the civil case. However, for twenty years since the procedure for hastening debt recovery have been set,it did not gained the good effect on institution. The reason is, firstly, the internal system of procedure for hastening debt recovery is imperfect; Secondly, the lack of convergence and communication between the procedure for hastening debt recovery and the procedure of common lawsuit with the external interface. And the latter is a well-run the procedure can not urge a critical factor. August 31, 2012, at the convergence of the new Civil Procedure relating to the the procedure made a breakthrough legislation, which making the relationship between the two procedures are no longer isolated. The new problems caused by the new Civil Procedure are: convergence system between two procedures provisions are so outlined, that the lack of judicial practice operability. In addition to the introduction, the text of this paper is divided into four parts. The first part of the paper is the overview of the procedure to the procedure for hastening debt recovery and the procedure of common lawsuit. The part mainly want to give a outlined introduction of the the procedure for hastening debt recovery and the procedures of the common law. And the concept of the procedure for hastening debt recovery and the common lawsuit were defined. What the procedure for hastening debt recovery is a specific limit for the payment of money or securities the subject of the application, grassroots courts apply only to creditors in the form of review of the legality of unilateral basis, which issued the payment order. If the debtor put up legal objections, which will lead to the start of the proceedings of lawsuit. However, the start may be due to the creditors objection to being excluded. Otherw