Non Proceedings Study

On the basis of their different natures and characteristics, ancient Roman system of litigation procedure was classified into litigation case and noncontentious case. Accordingly, different trying procedures corresponding to them respectively were laid down. With the society develops and the understanding of the nature of noncontentious case and its trying means and mechanisms increasingly deepens, modern theory of noncontentious procedure finally came into being in civil law countries and regions. At present, civil law countries or regions such as Germany, France, Japan, Taiwan, and Macau have legislated laws concerning noncontentious procedure in various ways. What's more, in the process of trying case, the employment of noncontentious procedure has become more and more frequently. In addition, noncontentious procedure plays a unique and active role in preventing disputation and reaching a simple, quick and appropriate judge.The study of noncontentious procedure in China has not been conducted in a systematic and in-depth way. The distinction between litigation case and noncontentious case, principle between litigation procedure and noncontentious procedure has not been demarcated in theory. Worse is that our recognition of the function and importance of noncontentious procedure in the civil litigation system is not complete. The previous inquiries lack the foresight as to how to perfect the noncontentious procedure system. In legislation, the adoption of noncontentious procedure is confined to a limited realm, fundamental principle of noncontentious procedure is not defined clearly, therefore, the function of noncontentious procedure is not fully performed.This thesis makes an analysis and study of the fundamental theories concerning noncontentious procedure. It chiefly discusses the application range and fundamental principles in this field, in the hope that the function of noncontentious procedure will be fully performed. It also expands on the ways to perfect the current noncontentious procedure system, aiming to propose a direction for the perfection of noncontentious procedure system in the not-so-distant future.