论督促程序与诉讼程序的相互转换

Mutual conversion of urging procedure and litigation procedure

对庭前诉讼程序转督促程序的制度进行分析,对其程序转换的合理性提出质疑,认为目前的制度转换不具备正当性基础,会使后续程序中很多问题无法解决,提出引入法官释明制度对其进行修正;肯定督促程序与诉讼程序的衔接,并就后续制度细节提出完善意见。

The pretrial proceedings turning litigation into urging are analyzed and its rationality is questioned. It is held that there is no legitimacy in those proceedings and many problems will remain in the following-up proceedings and can not be solved. In view of that, the judge＇ s ehcidatory system is proposed to be introduced to revise the proceedings, and the joint between urging procedure and litigation procedure should be confirmed. Meanwhih the details in following-up proceedings should be perfected.