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当今世界各国兴起了非讼化的浪潮。诉讼事件非讼化是指法院在诉讼程序中处理争讼事件时采用职权探知主义、书面主义、不公开主义、简易主义等非讼法理,以达到裁判简速、合目的和展望性之宗旨所为之活动。我国也有进行非讼化操作的必要性,但面临着法院的权威和法官的素质还不能完全适应非讼化操作的需要、法院的司法观念保守等问题。非讼化应在尊重当事人程序基本权的限度内,从对当事人程序选择权的尊重方面展开。
In today’s world, the wave of non-lawsuit has risen. Litigation non-litigation refers to the courts in the litigation process to deal with the use of contentious matters overturning doctrine, written doctrine, non-open doctrine, simple doctrine and other non-litigation jurisprudence in order to achieve the referee Jane, purpose and purpose of purpose Activities for it. In our country, there is also the necessity of non-lawsuit operation. However, facing the authority of the court and the quality of the judge, we can not fully meet the need of the non-litigation operation and the judicial concept of the court is conservative. Non-lawsuit should be respected within the limits of the party’s procedural rights, from the respect of the party’s procedural options.