Concerning The Pre-trail Procedure In The Rational Construction

Chinese civil procedure including pretrial procedure and trial procedure, two independent and constitute a complete legal procedures. Since the 1990s China began to reform the civil procedure of civil litigation reform, occupy a very important position. Judge from the traditional functions for the socialist gradually transform the model is established, and the burden of evidence loss, within such a system, regulating the burden of trial, cross-examination process. This series of reforms were further standardized procedure, also accord with the reform trend of international civil lawsuit, but because the hand pretrial procedure specification, resulting in lack of systematic applications in practice of maneuverability, On the other hand the burden of consciousness is not strong, and less than the contradiction in court, the most prominent in the program to undertake the case on the operation ability province, can simplify the rights and interests of the parties is simplified, often without effective protection. To guarantee the proper operation of the procedure, to maintain the legitimate rights and interests, through the analysis of the current the pre-trail procedure problems and the reasons, and the relevant countries abroad the pre-trail procedure system, in order to construct and perfect the current the pre-trail procedure.