Research On Non-litigious Civil Procedure In Our Country

In the civil law system of civil procedure, depending on the different nature and characteristics of the cases, the cases are divided into litigation and non-litigation cases. With litigation and non-litigation cases as the object will have corresponding different proceedings. In our current "Civil Procedure Law", it does not distinguish the litigation and non-litigation cases, and there is no concept of a non-advocacy program targeting non-litigation cases. However, the special procedures of "Civil Law" provides that the trial has had the essence of an object is essentially non-litigation cases, the special procedures are non-litigation procedural substantive sense. Currently, some scholars have done some research on non-litigation procedure, but the role and status of non-litigation procedure in civil as well as for the further development and improvement of non-litigation procedure is still lacking. Regard non-litigation cases as a starting point, which is the object of civil trial of non-litigation procedure, thus is an overview of the basic theory of civil non-litigation procedure. Based on the depth study of the nature and characteristics of non-litigation cases, the author describes the differences between civil and non-litigation procedure proceedings, special procedures and non-litigation procedure. In order to have more comprehensive and objective understanding of civil non-litigation procedure, the author has investigated the civil non-litigation procedure in Germany, Japan, France and Russia. The author has gotten some revelations, they are to improve our civil non-litigation procedural rules of procedure, to expand the adjustment range of civil non-litigation, to use multiple different programs to reflect the value of the program and to maintain the openness of our civil non-litigation procedure. Through analyzing the current situation in the civil non-litigation, the author has summed up the problems of our civil non-litigation procedure. The problems are those value proposition is not clear and legislation is unscientific and the adjustment range is narrow and the scope of relief ways is imperfect and so on. Based on the analysis of the reasons of the problem in civil non-litigation procedure, it is recommended to clear the status and value of non-civil litigation procedures, improve our civil legislation of non-litigation procedure, enhanced features of our civil non-litigation procedures, improve our civil non-proceedings conversion mechanism to improve the country’s civil remedies non-litigation procedure.