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作为民事诉讼法里面被完善修改过的督促程序相关制度,拥有比较迅速的处理和解决民事以及经济纠纷,保护债权人利益的功能。但新修改后的督促程序制度仍然存在着诉讼费用负担原则不合理,缺少对债务人滥用异议权的制裁措施等问题,无论在理论还是司法实践方面都需要不断地完善。通过分析我国现行督促程序的不足,可以采取从督促程序自身制度方面与督促程序生长的社会环境方面来完善我国的督促程序,以期顺应司法改革潮流,符合民事诉讼公平与正义的价值追求。
As a system of procedures for supervising procedures modified and improved in the Civil Procedure Law, it has the function of handling and resolving civil and economic disputes relatively quickly and protecting the interests of creditors. However, the newly revised procedures for supervising procedures still have problems such as the principle of litigation costs being unreasonable, the lack of sanctions on the debtor’s abuse of the right of objection, and other issues, both in theory and in judicial practice. By analyzing the shortcomings of the current supervisory procedure in our country, we can improve our supervisory procedure from the aspects of supervising the growth of the program and its own system so as to conform to the trend of judicial reform and conform to the value pursuit of fairness and justice in civil lawsuit.