The Application Of Judge's Authority Of Inquiry In Property Suits In Our Country

Judge's authority of inquiry is a conception which corresponds to adversary. Its area of application in judicial practice is widespread. However, there are rare discussions in the academic circle. Adversary originated from Germany and developed systematically in Japan. It also influenced TaiWan's legislation. We introduced the conception of adversary since the 1990s. Because of its unique advantages, it received rapid respect in judicial practice. While both theoretical circles and practical circles have some misunderstanding on the application of adversary and accompanies by a lot of practical problems .In fact, there is limit in the application of adversary. The lack of the understanding of judge's authority. of inquiry leads to the confusion of applying adversary. Therefore, it has great significant to study the area of application of judge's authority of inquiry systematically. The writer analyzes and compares with several typical civil law system countries' legislations on the basis of referring many scholars' points of view who at home and abroad. And then, the writer makes more deeply theory card on judge's authority of inquiry which include origination, connotation, function, system performance, specific application etc. The writer hopes to construct the theoretical system of judge's authority of inquiry . In addition, the writer makes a detailed analysis on the specific application of property suits.