On The Pretrial Procedure Of Civil Litigation

In the trend of worldwide pretrial procedure reformation,the reestablishment of Chinese pretrial procedure is also put on the agenda. Fair and efficient dispute resolution though full and appropriate preparation and correspondingly substantial and concentrated trial is the objective of pretrial procedure reformation. The author holds that so-called pretrial procedures are the generalization of the relationships between judges and parties that are built in the preparation activities which are carried out according to definite orders, patterns and formalities .On the one hand, through the arrangement of issues and the collection of evidence, it can make the case due to be heard and ensure the debate between the litigants to be centralized. On he other hand, of having got enough information, it can make the litigants or the litigants and judge to have a substantive dialogue and promote the case to be resolved, in no-trial ways before the coming of oral debate, saving the cost of litigation. We can say that the preparatory procedure is necessary for the fulfillments of the function of trail and the purpose of litigation.We can not look out the feasible reform for China's civil litigation in China's legal culture background,because the research of civil litigation and experience in practice are very poor. It Is common knowledge that we must seek the angle of reform learning from the foreign experience in reform of pretrial procedure.The author makes a detailed research on the evolution of the pretrial procedures in foreign countries. Because of the difference in whether are jurors,the backgrounds of pretrial procedures establishment in two main legal families and the problems in their developments are totally different.But perfection of the pretrial procedures is their common task. The Supreme People's Court issued The Certain Regulations About the Civil Action Evidence. It breakthrough civil procedure law in many aspects. However, there are some essential problems in the present Chinese pretrial reformation.The first one is that of the roles of judges and parties in the pretrial procedure. The present prospects is that on the one hand the parties have no dominant power in the decision of issues and evidences, on the other hand the judges' responsibility to help the parties present facts and evidences is abandoned because of blind weakening of the judges' power.The second problem is concerning the parties' right to prove.The invalidity system Is over emphasized while the parties' right to collect evidences and the application requirements of the invalidation system are neglected. The third problem is on the contents,methods and procedure of ascertaining issues and evidences.That is what contents full, proper and effective ascertainmen of issues and evidences should include and whether pretrial meetings applied only to difficult cases is appropriateUnder its direction, tied closely with Chinese pretrial reformation practice,adopting comparative research method mainly, we present a systematic scheme for the reestablishment of Chinese pretrial procedure.The author points out the several factors to be considered in the reestablishment. They are the starting points of reformation,relation between justice and efficiency and relation between procedural benefit and substantiative benefit. Then the author makes an elaborate study on some problems. The problems are as follows: the roles of judges and parties in the pretrial procedure ;the setting up of pretrial judges;the means of collecting evidences and the procedure of ascertaining issues and evidences; the function of promoting the case to be resolved in no-trial ways.