Japanese Civil Non-litigation Case Study

With the development of market economy and the change of social structure,our country's non-contentious procedure is gradually unable to cope with the increasing number of non-contentious cases that have become increasingly complicated.In order to properly resolve cases of different natures and characteristics through trial procedures,it is imperative to promote the judicial resolution of the overall function of civil cases and speed up the construction of non-contentious procedure.The use of relevant advanced achievements from outside the country is an important way to improve the legal system.Japan's non-contentious procedure has procedural operability and reproducibility of experience,which is of significance for improving non-contentious procedure in China.Although Japan's non-contentious procedure initially borrowed from Germany,it has evolved in a completely different way from Germany in its localization process.The 2011 Japan Non-contentious Procedure Law and the Japanese Family Law Procedure Law have been comprehensively revised,marking a new development in Japan's non-contentious procedure legal system.The range of non-contentious procedures in Japan is relatively broad,and the referee system and relief system are relatively complete.China's non-contentious procedures have problems such as limited adjustment scope,independent procedures,single functions,and lack of relief systems.In view of the above issues,there is certain reference value for the evolution of non-contentious procedure in Japan and the construction of legal systems.