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1991年4月9日,中华人民共和国颁布的《民事诉讼法》中新增了一个督促程序——支付令,即:人民法院根据债权人要求,不经审判程序直接向债务人发出支付令,要求债务人按期偿还债务。如果债务人在规定的时间内未提出书面异议,也未按期履行,则债权人可申请法院对债务人采取强制执行措施。 设立督促程序——支付令的目的是为了节省人力、物力和时间,及时解决债权债务人之间的纠纷。它特别适用于对行社非正常贷款的清收。遵化市农行、信用社近三个月来共申请法院使用支付令210份,金额340万元,目前已到期收回113笔,金额307万元。通过实践,我们认为在依法收贷过程中申请使用支付令是行之有效的措施之一,宜于推广运用。 一、借款合同的特点,适合使用支付
On April 9, 1991, the Civil Procedure Law promulgated by the People’s Republic of China added a new procedure of supervising and promulgating an order of payment: the people’s court, at the request of creditors, issued a payment order directly to the debtor without trial and required the debtor Debt repayments on schedule. If the debtor fails to file a written objection within the stipulated time and fails to fulfill it on time, the creditor may apply to the court for enforcement action on the obligor. The establishment of supervisory procedures - payment order is designed to save manpower, material and time, timely resolution of disputes between creditors and debtors. It is particularly suitable for the collection of abnormal loans to the community. Zunhua Agricultural Bank of China, Credit Union nearly three months to apply for a total of 210 court use payment orders, the amount of 3.4 million yuan, 113 has been expired to recover the amount of 3.07 million yuan. Through practice, we think that it is an effective measure to apply for the use of a payment order in the process of collecting and lending money by law and should be promoted and applied. First, the characteristics of the loan contract, suitable for the use of payment