债务的给付方式一般分为两种,即一次性给付和分期给付。分期给付因能根据债务人的实际偿债能力订立计划分批还债,因而在调解案件时被较为广泛地使用。但审判实践中一旦调解不成,法官便会在查明案件事实的基础上判决债务人一次性给付,很少判决分期给付,这势必会造成一些经济确实困难的债务人无法一次性给付,致使权利人的利益难以保障。因此,应将当事人的给付能力纳入法院审查范围,适当增加分期分批给付判决的比例。首先是不利于经济发展。一些债务人遇到资金周转困难,经营受到一 Debt payment is generally divided into two types, one-time payment and installment payments. Installments are used more widely in the mediation of cases because they can be scheduled for repayment according to the debtor’s actual solvency. However, if the mediation fails in the trial practice, the judge will decide the debtor to pay the one-time basis on the basis of ascertaining the facts of the case, and seldom adjudicates the payment in installments. This will inevitably result in some obligors having difficulty in economy being able to pay in one lump sum, Interests are difficult to protect. Therefore, the party’s ability to pay should be included in the scope of the court review, an appropriate increase in the proportion of installments in batches. The first is not conducive to economic development. Some debtors encountered cash flow difficulties and their operations were affected