Essay On The Improvement Of The Supervision Procedure In China
Abstract
The supervision procedure appears first in the Roman law. Our country additionally built the supervision procedure in 1991 in "Civil procedure law", regarding the creditor requested that the debtor pays the money, the negotiable securities case, meets the legal condition, may to have the jurisdiction basic-level people's court application payment command. This system once placed by the theorists and the judicial practical realm the great expectations. But several years get down, because the related supervision procedure's related stipulation is too simple, the principle, the inconvenient operation, caused its practice effect with initially to expect is very different. This article supervised the procedure to our country the present situation to carry on the analysis, discovers our country present supervision procedure existence case to accept the scope to be more chaotic, Lacks the corresponding condition limit to the objection power, Does not favor about the supervision procedure expense burden's stipulation protects creditor's legitimate rights and interests, Accepts the expense to be excessively low, The supervision procedure's establishment lacks with legal procedure insufficiencies and so on organic connections, And put forward the perfect proposal, Including addition start supervision procedure new way, Is clear about the applicable scope of the supervision procedure, The reasonable determination payment makes the charging criterion, perfect the investigation System of Payment command, the reduction supervision procedure handles a case the cycle and so on.
