Study On Pretrial Procedure Of Civil Litigation

Nowadays,there is some defect in method of "direct hearing" with civil trial style. Scanning the legislation of all over the world,it is the important stage in civil litigation of pretrial procedure. Establishing the pretrial procedure has its important significance and necessity. Meanwhile,it conforms to the requirement of fundamental process value. It is not formalization with the different of pretrial procedure and hearing process. The pretrial procedure have the task and function of reorganizing and fixing the party's dispute point,arranging and fixing the evidence,and promoting the composition. There are each deferent process of development and perfection with pretrial procedure of all country,and there are characteristic respectively. Anyhow,there is some defect,which should be perfected of pretrial procedure with legislation,judicial explanation,and present judicial situation in our country. For rebuilding the pretrial procedure of our country,we should consider the requisite fundament and operate circumstances,and insist on such principle which include justice and efficiency,being jointed with deal by party and direct by court,efficiency and economically,binding and forcing. At the same time,we shall establish the relevant necessary system for building the pretrial procedure of civil litigation with Chinese characteristic.