当前,有的人民法院把保证人与债务人共同列为督促程序中的被申请人。其理由是,一、基于保证合同,保证人是债权人的从债务人,从债务人也是债务人,将其列为被申请人,符合督促程序的要求;二、实践中遇到的债务人对支付令不提异议又不履行,人民法院对其强制执行时又无财产,不将保证人列为被申请人,让其承担连带责任,债务无法清偿。笔者认为,上述做法与认识均值得商榷。 督促程序的性质决定保证人无需成为被申请人 At present, some people's courts jointly list the guarantor and the debtor as the respondents in the supervise procedure. The reasons are: First, based on the guarantee contract, the guarantor is the creditor from the debtor, the debtor is also the debtor, as the respondent, in line with the requirements of supervision procedures; Second, in practice, the debtor did not make any disagreement on the payment order And fails to perform. The people's court has no property in enforcing the law, fails to list the guarantor as the respondent, and assumes the joint and several liability, and the debt can not be paid. The author believes that the above practices and understanding are debatable. The nature of the procedure to be supervised determines that the guarantor does not need to be the respondent