Study Of The Scope Of Non-contentious Case

The most basic and important classification of civil proceedings is litigationprocedure and non-contentious procedure.Although our country has no independentnon-contentious procedure code,we think the part of special procedure in our code of civilprocedure is non-contentious procedure in nature. It is generally thought that it contains thecases apply in special procedure (exclude cases concerning) and apply in the supervisingand urging procedure and procedure of public summons,though the academic circles hasn’tformed united understanding about the scope of our civil non-contentious cases.Compared with foreign laws,it is evident that the scope of our non-contentious casesis too narrow to meet the needs of social development. It might possibly lead to a badresult.Some cases may can’t be solved properly,which may hide potential disputes.And it isalso harm to build a good private law order. Further,it may hinder the realization ofnon-contentious procedure value.We should modificate and improve the scope ofnon-contentious cases not only in contents but also in procedures.We should not be limitedto the existing law to discuss the non-contentious cases.We can use the experience of othercountries and regions for reference to expand the scope of non-contentious cases.Byanalyzing the basic characteristics,types, principles of non-contentious procedure andcomparative analysis of foreign non-contentious cases in this paper,I came to the conclusion that we should expand the scope of non-contentious cases. I also put forwardmy views and suggestions on how to perfecting our non-contentious procedure inlegislation.