Civil Non-litigation Proceedings

According to the nature and characteristics of the case,civil litigation theory of civil law countries can be divided into litigation and non-litigation cases,then distinguish civil procedure from litigation procedure and non-litigation procedure.As a simple,efficient and quick dispute resolution procedure,the development and improvement of non-litigation procedure is self-evident to the importance of the whole civil lawsuit system.Adopting comparative,historical investigation and case analysis,this paper discusses the features and functions of non-proceedings in the comparison of non-litigation procedures and related concepts.Through the comparative study of legislation history and status quo of the non-lawsuit procedure in Germany,Japan,France and Taiwan,and discovery the similarities and differences of legislation among countries and regions,the paper aimed at providing reference for our non-lawsuit procedure legislation.Aiming at the problem of narrow application scope and imperfect procedure rules in our country,and based on the experience of extraterritorial legislation and our judicial practice,the paper proposes to enlarge the application scope of non-litigation procedure,and to perfect the “general provisions” and the remedy way of non-litigation procedure.