Special Procedures In Our Country's Civil Procedure Law

Non lawsuit procedure had been generated in Roman times, with the continuous development of the theory, in many continental law countries, such as:Germany, Japan, the research of the theory has been very mature and system, and the using in practice is more and more widely. China influenced by the former Soviet Union, have not the concept of the non lawsuit procedure, but use the name of the special procedures. However, since the Civil Procedure Act1982regulate special procedures, in theory and judicial practice the procedures have not been paid attention. With the building of diversified dispute resolution mechanism become the hot academic discussion and the advocates of judicial activism, the special value of the special procedures have been noticed by more and more people, so we should conduct depth research in this theory, re-build our country's special procedures system, and make full use of the functions of the theory. Based on the consideration of the above factors, this paper select the legislative system and the scope of application defined as research objectives, try to use variety of research methods such as comparative analysis method and historical analysis method, and make full use of the existing research on the theory, to re-build the system of special procedures. This paper first discusses the connotation and extension of the special procedures in civil proceedings, as well as the scope of the definition, then compared the difference of research between the continental law countries and the Anglo-American law system, reflect our country's civil law special procedures, and find out the shortcomings, finally put forward my opinion. The ultimate goal of writing this paper is hope the special procedures can play its proper functions.