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新《民事诉讼法》规定了督促程序,其目的在于为那些债权债务关系明确、又无异议的经济债务纠纷,寻求一种比普通诉讼程序更迅捷简的便程序,使债权内容得到诉讼上的确认,进而转入执行程序。但是,由于督促程序规定的条款简略兼原则,又由于督促程序在我国是刚开始施行,因此,很多问题有必要加以研究。下面仅就司法实践中出现的几个问题,谈一下看法。一、被申请人滥用“异议权”的问题所谓异议权是指:在督促程序中,对于人民法院发出的支付令,债务人不得上诉,但有向发出支
The new Code of Civil Procedure provides for a supervisory procedure aimed at seeking a more streamlined and simpler procedure than ordinary lawsuits for those debts of economic debts that have a clear and no objection to claims and debts, Confirm, and then transferred to the implementation process. However, due to the fact that the provisions stipulated in the promulgation and prosecution procedures are both concise and principle and because the supervisory procedure is just beginning to be implemented in our country, many problems need to be studied. Here are just some issues that arise in the judicial practice, to talk about the view. First, the respondent abuse of “opposition” The so-called objection is the so-called objection refers to: in the supervisory process, the people's court for the payment of the order, the debtor may not appeal, but the issue of support