On Pre-trial Preparing Procedure

The pre-trial preparing procedure in civil procedure includes all preparation activities for the trial by the court, judges and parties during the period from the acceptance of a case by the court to the time just before trial. The pre-trial preparing procedure can be said as the beginning of civil procedure, and the full and proper realization of it's function directly effects justness and efficiency of civil procedure. From the developing direction in the whole world, the pre-trial preparing procedure has already increasingly played a very important part. In this dissertation, by making a deep review of the history of pre-trial preparing procedure in China and the pre-trial preparing procedures in other countries, and a thorough analysis of functions and value of pre-trial preparing procedure and the shortage in China, the author tries to seek a kind of pre-trial preparing procedure which suits the instance in China best.The dissertation consists of five chapters:The first chapter firstly explains the functions and value of pre-trial preparing procedure and expatiates on the various functions of the pre-trial preparing procedure, such as the clear up of issues and evidences, restrictions on the activities by the parties, acceleration of the settlement of the case and so on, and the value reflected by those functions.The second chapter reviews the history of pre-trial preparing procedure in China, which makes a mirror of nowadays procedure and helps build a newpre-trial preparing procedure.The third chapter mainly introduces pre-trial preparing procedures in other countries from both continental and Anglo-American legal system. By researching the specific systems of their pre-trial preparing procedures, the author tries to absorb those advanced experiences and systems, which helps much in building our own pre-trial preparing procedure.The forth chapter makes a profound anatomy of the actuality and abuses of both legislation and practice and searches the roots of those questions. And also in this part, the author makes pertinent comments on the innovation of civil trial methods in recent years.The last chapter is about the construction of an integrated pre-trial preparing procedure in China. On the base of procedure independence, justness and efficiency, the author provides certain method of building pre-trial preparing procedure, that is to innovate and perfect the pre-trial preparing systems in practice and also make use of new systems which are propitious to Chinese.