On Constructing The Preparatory Procedure Of Civil Action

The constructing of civil action preparatory procedure reflects the pursuit of the civil process value, subjection to its operation principle and the necessity of its modernization, internationalization of China. The historical development and existing state of the preparatory procedure of China's civil action reveals that the construction of the preparatory procedure for the civil action is the objective request for the negation of negation of the preparatory procedure, and its construction can effectively solve a number of problems in our civil court cases. Some western countries ruled by law such as the U. S. A, France, Germany which have been succeeding in operating preparatory procedures offer us some good examples and useful inspiration in the contents and patterns in this field. In my opinion, China's preparatory procedures for civil action should be made up of the following several aspects. The purposes and functions and contents of the preparatory procedure should have no material differences from those in the above-mentioned western countries. The process of the preparation must abide by the principles of differences and efficiency. The effect of the preparation should be frozen in the verdict before trial. And the preparatory procedure must set up the promoting mediation mechanism. The preparatory procedure system should make a combination of mainly dependence upon the preparation of the litigant and the proper management from the court. Meanwhile, it is quite necessary that the essential secure systems-the system of separate installments for preparatory judges and judges foradjudication with different duties in the same procedural procedure, and the relevant supporting system-centralized adjudication system by name should be set up in order to make the preparatory procedure in good order and take its functions to good effect. Now the basic, necessary conditions for constructing the preparatory procedures of the civil action in China has already existed to some extent, but some critical work must be done before hand, which includes lawyer's preparation and judge's preparations, etc.