Realization Of Value Function Of The Pretrial Procedure

Pretrial procedure is one of the basic systems of judging structure of civil action, which has the functions of clearing dispute, freezing evidence and ensuring the hearing to be held smoothly. The theoretical and the judging practice have taken profitable research on pretrial procedure, especially during recent years, the reform of judge system has affected greatly the reform of pretrial procedural system. The author has taken into research on situations of judging practice, and tries, from the visual angle of building system of judge assistant to certain problem concerning the value functions of pretrial procedure.Firstly, research situations of applying pretrial procedure. Through researching and analyzing, the system of judge assistant is beneficial to prevent the judges from taking on everything and from the bad effect to judicial justice, and is favorable to the harmony of the case. However, there exist a lot of defects in practice.Secondly, introspection to the pretrial procedure of our country. Defects of stipulating, such as legislating, judicial explanation, administrativeness of the court's business, and the lack of rational division of labor of trial affairs have bad influence on pretrial procedure.Thirdly, the enlightenment to us of the role of judge in the pretrial procedure abroad. before examining abroad. The pretrial procedure of U.S.A pays attention to giving play to the role of the parties and causes the lawsuit to be delayed because that the judge can not get involved deeply; pretrial procedure of Germany pays attention to and give play to the role of judges, but apt to produce judge first impressions are strongest. Our country should proceed from the reality while drawing lessons from. Fourthly, the setting-up of the system of judge assistantcontributes to realize the value of pretrial procedure. The setting-up of the system of judge assistant is favorable to judge's neutrality, to help parties to fully exercise the lawsuit right, help to alleviate judge's working pressure, and guarantee the justice of the try and raise the efficiency. Fifthly, the setting-up of the system of judge assistant contributes to realize the functions of pretrial procedure. The confirming of judge assistant and his functions and powers , dealing carefully with the relations of judge assistant and judge, judge assistant and party, and handling of judge assistant to the end of pretrial procedure are the indispensable content of pretrial procedure.