“欠薪支付令”制度在我国《劳动合同法》及相关法律中均有规定。然而,由于纠纷当事人是劳动者与用人单位,劳动者一方处于弱势,这不同于普通的民商事纠纷,所以欠薪支付令应与民事诉讼支付令有所不同。申请支付令的条件、支付令程序的异议机制以及实践中用人单位滥用异议权,致使欠薪支付令难以在劳动者讨薪过程中发挥其应有的作用。究其主要原因是劳动合同立法在引入《民事诉讼法》上的支付令时,并没有根据“欠薪”的特点对该制度程序上固有的缺陷加以改造。 The system of “pay-owe pay-order” has provisions in the “Labor Contract Law” and related laws in our country. However, since the parties involved in disputes are laborers and employers, the workers are disadvantaged on the one hand, which is different from ordinary civil and commercial disputes. Therefore, the wage payment order should be different from the civil lawsuit payment order. The conditions for applying for the payment order, the objection mechanism of the payment order procedure and the abuse of the right of objection by the employing unit in practice, making it difficult for the wage order to play its due role in the wage-seeking process. The main reason is that when the labor contract legislation introduces the payment order in the Code of Civil Procedure, it does not reform the inherent flaw in the system according to the characteristic of “owed salary”.