A Study On Pretrial Preparation Procedure In Civil Action

Pretrial preparation procedure is an important procedure for civil action. Whether it is reasonable affects justice and efficiency in civil action. Pretrial preparation procedure has increasingly become an important procedure and developing trend in civil procedures as the emphasis on court trail shifting to both trail procedure and pretrial procedure. However, that pretrial preparation procedure has long been neglected or even ignored by legislation, judicature and legal study is one of the main reasons why our civil cases judicature cannot go out of plight.In the light of deficiency and fraud that mentioned above, this article proceeds from the height of the overall situation of civil action, dividing four parts to study the pretrial preparation procedure of the civil action in our country:Chapter one: It is the summary of pretrial preparation procedure. It gives a brief introduction to the concept and functions of pretrial preparation procedure, and then emphatically analyses the values of it.Chapter two: By comparing the pretrial preparation procedure of the two legal systems, it summarizes out their differences and reasons, then analyses their homeopathy and background. All of these offer some references for reconstructing our pretrial preparation procedure.Chapter three: Combining our country's existing civil laws and legal practices of pretrial preparation, it points out their weakness and the necessity of the reconstruction of our country's pretrial preparation procedure in civil action.Chapter four: It is a key part. It provides the principles that reconstructing pretrial preparation procedure should follow, the basic system that should be set up and the coordinated reform questions during the reconstruction of our country's pretrial preparation procedure in civil action. On the whole, it provides a preliminary frame for future reform of pretrial preparation procedure in civil action of our country.