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自从新的《民事诉讼法》颁布实施以来,一些基层法院已经陆续签发了支付令,取得了良好的效果,使一些关系比较明确、简单、符合申请支付令条件的案件,通过督促程序得以迅速解决,减轻了人民法院和当事人的负担,但在实施过程中也暴露出一些问题,主要有:一、如何解决适用督促程序中出现的规避法律的行为?当前出现的规避法律的行为主要表现在以下几个方面:1.法院规避法律。由于司法解释规定,
Since the promulgation and implementation of the new Code of Civil Procedure, some grassroots courts have successively issued payment orders and achieved good results. Some cases in which the conditions for applying for payment orders are relatively clear and simple are resolved promptly through supervision procedures , Lightening the burden on the people's courts and parties, some problems have also been revealed in the implementation process. These are: First, how to solve the law-avoidance behaviors appearing in the procedures of supervision and application? The current law-breaking behaviors are mainly manifested in the following Several aspects: 1. Courts evade the law. Due to judicial interpretation,