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On The Civil Pretrial Procedures

Posted on:2003-10-28Degree:MasterType:Thesis
Country:ChinaCandidate:Q P SunFull Text:PDF
GTID:2156360092960029Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As an important part of the civil litigation, the civil pretrial process is clearly provided by all of the countries in the world in their code of civil law. Because these countries are belong to different legal system, the status and function of the judges and parties differ from each other in the pretrial process. As a type of the Anglo-American legal system, American pretrial process has its own distinct character. It emphasizes the parties' dominant function in the federal civil litigation rule of the USA. The startup and development of the process depend on the parties mainly and the judges are passive. Their functions are to organize, supervise and manage the process. For this case, the parties abuse the disclosure of testimony in pretrial process to delay purposely the litigation. In the sequel, the USA reforms this system. They strengthened the judge's right of judicial control in the pretrial process. This reform improves the efficiency of litigation for the civil case. In France, the parties themselves achieve the exchange of written proofs in the pretrial process. In order to insure the justness of the litigation, the pretrial preparatory judge is specially set up. The pretrial preparatory judge superintends the parties to fulfill the pretrial work so that the case can become reconciled or fit to debate. In German and Japanese, they emphasize the judge's function in pretrial process too much. The judge holds the initiative. Form the comparison of the pretrial process in above four countries we can find that the motive of setting up the pretrial process is to guarantee the process impartiality and improve its benefit. With the development of the society, the above countries tend to draw lessons from each other and mix together each other.With the development of the market economy, our country's existing code of civil law isn't fit for the societal advance more and more, especially the pretrial preparatory process. Even though the Supreme people's Court reformed this process, it doesn't drastically improve the system on lawmaking.Currently, facing the voice of reform, domestic scholars are paying close attention to the studies of the pretrial preparatory process. Here, through the comparison with the other countries and the value analysis, the author purpose that we must improve the existing civil pretrial process and offer some legislative suggests on the amendment and improvement of our country's code of litigation.
Keywords/Search Tags:civil litigation, pretrial process, justice, benefit
PDF Full Text Request
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