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我国民事诉讼法中督促程序因手续简便、快捷,既能及时保护当事人的合法权益,减少当事人讼累,又能提高人民法院办案效率,节省办案经费,有利于解决人民法院目前人多案少的问题,适应现代市场经济快速发展节奏,对解决债权、债务关系明确的纠纷有较突出的优势。但从近年来的审判实践看,大多数债权人不愿通过督促程序向法院申请支付令来实现债权,致使督促程序成为摆设。本文在此就督促程序适用率低的原因及对策作一简要的分析和论述。
Due to the procedure of supervising procedure in China’s civil procedure law, it is easy and quick to protect the lawful rights and interests of the parties in time, reduce litigant’s litigation burden, improve the efficiency of case handling in the people’s courts, save the funds for handling cases, Problems, adapt to the rapid development of the modern market economy, and have outstanding advantages in settling disputes in which claims and debts are clear. However, judging from the trial practice in recent years, most creditors are reluctant to apply for payment orders to the court to fulfill their claims by supervising the procedure, thus causing the supervisory procedure to become a decoration. This article here to urge the program application rate of low causes and countermeasures to make a brief analysis and discussion.