Research on Special Procedure for Designating an AdministratorAn Explanation of Articles 194~197 of the New Civil Procedure Law

The designating estate administrators procedure, a kind of special procedure newly added to the Civil Procedure Law , provides specific operational norms for court-designated estate administrators under Article 1146 of the Civil Code , filling the procedure gap in designating estate administrators. However, as a typical family non-litigation procedure, it fails to highlight its distinctive features of family non-litigation procedure under the framework of the general procedure — special procedure in the Civil Procedure Law , and it also lacks of the necessary rule system ecology. The procedure of designating estate administrators is unique compared to other existing special procedures. Internally, the procedure structure is more complex due to the aggregation of non-litigation and litigation elements. Externally, the estate administrators system itself encompasses more procedural elements, rendering its implementation more dependent on the rules of substantive law. Therefore, accurately comprehending and applying the procedure of designating estate administrators necessitates not only consideration of the basic rules of family non-litigation procedures but also more application the theory of the interlacement procedures and the theory unified civil procedure and substantive law.