The Non-contentious Judge The Effectiveness Of The Study

New modification of the code of civil procedure in the special program added in the twochapter "confirmed case settlement agreement" and "realization of real rights for securitycase".Not allow to ignore, special procedure in our country there are many problems in thejudge effect. This article follows the "ask questions-analysis problem-problem solving"train of thought, from the following four chapters are discussed.The first chapter, point out judge effect problem in special procedure in our country, andanalyze the litigation judge and the non-contentious judge on the effectiveness of different.The second chapter, first of all, the theory of litigation and non-contentious in detail, tryto find out the connotation of the non-contentious procedure under civil law system;Secondly,clarify the relationship between the special procedure in our country and the non-contentiousprocedure in continental law system, make the positioning of the non-contentious procedurein China to return to the civil law tradition, based on this,advance the definition of thenon-contentious judge in China.The third chapter is the core of the article. Subdivided into six parts as follows.The first part first analyzes the form of judge,and discuss the relationship between theform and the judge effect.The second part, first of all, analysis the concept of binding,and comb the theory ofnon-contentious binding in the civil law system,point out the shortage of our countryacademic circles on this issue and give the solution.The third part first analyzes the connotation of the formative res judicata,and analyzeviews in non-contentious judge the formative res judicata in the civil law system.In the finalanalysis the theory of our country, and give the solution.The fourth part first comb the theory of non-contentious judge res judicata in the civillaw system, and specific analysis of the research achievements of academic circles on thisissue in our country, finally give our own opinions.The fifth part firstly analyzes the definition of the forming force,and compare the twotheories, finally gives his position.The sixth part firstly compares executive force in the generalized and narrow sense,analysis the theory of executive force of the non-contentious in the civil law system and our country, and give your own opinion.The fourth chapter is the conclusion of the article.