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公正、效率和效益是现代法律制度共同追求的价值目标,支付令当然也不例外.支付令是人民法院应债权人的申请作出的要求债务人向债权人给付一定的金钱或有价证券的一种命令.债务人在法定期间内没有提出异议,支付今就生效,债权人可申请人民法院强制执行;反之,债务人在法定期间内提出书面异议,支付令则失效,债权人丧失了催促偿付和申请强制执行的权利,同时,债权人只是被告知可以另行起诉.当我们用公正、效率和效益这三个基本价值目标来衡量支付今异议的时候,它的弊端显而易见,尤其是支付令异议之规定所存在的问题,更是不容忽视.
Justice, efficiency and effectiveness are the common pursuit of the value of the modern legal system goals, payment orders, of course, is no exception.Payment order is the people's court on the application of the creditor to make the debtor to the creditor to pay a certain amount of money or securities order. If the debtor fails to file an objection within the statutory period, the creditor may apply to the people's court for enforcement. On the contrary, the debtor submits a written objection within the statutory period, the payment order is invalidated, the creditor loses the right to urge payment and apply for compulsory execution, At the same time, creditors are only told to prosecute separately, and when we measure the disagreement with the three basic values of fairness, efficiency and effectiveness, its drawbacks are obvious, and in particular the problems with the provisions of the opposition to pay Can not be ignored.