A Study On The Conversion Between Supervising-urging Procedure And Ordinary Procedure

Since the establishment of the supervising-urging procedure in our country,the expected effect of convenient,efficient and inexpensive dispute resolution has not been achieved.In order to improve this situation,the current civil procedure law has increased the regulations of interconversion between supervising-urging procedure and ordinary procedure,ending the isolated state of the two procedures.The aim is to improve the application rate of the supervising-urging procedure and realize the litigation value of the supervising-urging procedure.The progressive nature of the procedure conversion is self-evident.The good foundation of theory and reality provides the feasibility for the two kinds of procedure conversion.The realization of the legal value of the supervising-urging procedure and the conversion mechanism,and the actual needs of the parties and the court make the procedure conversion necessary.However,the regulations on procedure conversion is not perfect in our country,which are reflected in the ambiguity of some articles of law,the unreasonable standards in the way of dissent review,etc.In practice,the application rate of supervising-urging procedure and procedure conversion is not high.The process of procedure conversion has arbitrariness.To analyze the reasons why the application rate is not high,can put forward some suggestions for improvement.On the arbitrariness of procedure conversion in practice,it is because the specific content of the procedure conversion is still lack of detailed rules that can be followed,so it is necessary to standardize the specific content of the procedure conversion.In this way,we can expect the procedure conversion between supervising-urging procedure and ordinary procedure to work well.The function of supervising-urging procedure case diversion can be brought into play,and its own function and value can also be realized.