Study On Preparatory Procedure Of Civil Litigation

Preparatory procedure of civil litigation, the necessary procedure during the period fromthe acceptance of a case by the court to the time just before trial, is the procedure that twoparties exchange claim and evidence in order to make it easy to arrange them with theparticipating of judge , so the case can be appropriate for court trial. From the developingdirection in the whole world, preparatory procedure has already increasingly played a veryimportant part. The first chapter of the paper analyses the meaning of preparatory procedure,demonstrates its value and function and clarifies the importance of study on preparatoryprocedure. The second chapter introduces the preparatory procedure of main countries of twosystems of law and sums up their sameness and dissimilarity in order to show the commonlaw and particularity in action of these countries. The third chapter analyses our country'slegislation and judicature about preparatory activity, points out shortcoming and necessity ofredesigning preparatory procedure in our country. The forth chapter, firstly, emphasizes theidea foundation for redesigning preparatory procedure of our civil litigation and points outdecisive significance of idea changing for designing and action of system. Secondly, thischapter designs concrete systems which include pleading system, time limit of inducingevidence and exchanging evidence system, the main body of presiding preparatory procedure,evidence collection system. In author's opinion, there is close relation between time limit ofinducing evidence and exchanging evidence system. The two systems should be seen as awhole and the timing of the two systems have consistency. Also, the consequence of loss ofright about evidence should not be too severe, and be decided by the reason of being overdue.