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在多元化纠纷解决机制当中,非讼程序发挥着确认民事法律关系,有效预防和制止民事纠纷,实现法院“不审”而致“争议解决”的重要作用。从非讼事件和非讼程序的概念入手,对各国非讼程序的立法进行比较,对我国非讼程序构架中的基本问题进行探讨。程序的一般性与特殊性关系理论、非讼程序与诉讼程序之间的关系协调和非讼程序的立法问题是我国非讼程序构架过程中的基本问题。处理好非讼程序与诉讼程序之间的关系,需要把握诉讼事件与非讼事件的界限,诉讼程序与非讼程序之间的转换,诉讼程序非讼化现象三方面的内容。
Among the multiple dispute resolution mechanisms, the non-litigation process plays an important role in confirming the relationship between civil law, preventing and ending civil disputes effectively, and realizing the court’s “no trial” and “dispute resolution.” Starting from the concept of non-litigation and non-litigation procedure, the legislation of non-litigation procedure in each country is compared and the basic problems in the non-litigation procedure framework of our country are discussed. The relationship between general procedure and special relationship theory, the relationship between non-litigation procedure and litigation procedure and the non-litigation procedure are the basic problems in the process of non-litigation procedure in our country. To handle the relationship between the non-litigation procedure and the litigation procedure, it is necessary to grasp the boundary between litigation and non-litigation matters, the transition between litigation procedure and non-litigation procedure, and the non-litigation procedure.