Discussion On The Construction Of Civil Litigation Pretrial Procedures In China

Pretrial procedures as the most important part in the civil procedure, it has its unique function and value. Along with the civil procedure theory are matured and developed, all countries in the world will continue to perfect the pretrail preparation program as a important content in the civil procedure theory evolution.While in our country has not set up independent pretrial preparative procedure and the law is not perfect in this part. The constraints on pre-trial activity lack of unified standards. China's actual conditions on how to construct the pretrial preparative procedure is still in the theoretical exploration stage.This paper mainly talks about civil litigation pretrial procedure, discusses through its connotation, characteristic, function and value, and foreign civil litigation pretrial procedure legislation practice,analyzed the insufficiency of the current situation in the pre-trail preparation phase and judicial practice,and with China's specific conditions and legal cultural background, puts forwards how to construct our country's civil lawsuit pretrial preparative procedure. The paper mainly includes the following content:The first chapter, briefly introduces the theory of civil pretrial procedure and analyses the concept,characteristic,value and function of it. Pretrial procedure has the following characteristics: Pretrial procedure belongs to the specification of procedure,;it is the special stage after the court receive cases before the formal trial ; the subject of pretrial procedure includes the parties and the judge, and mainly parties. Pretrial preparative programs are designed to make the necessary preparations so that the case for trial to the degree. It has the function of issue sorted out and fixed, evidence to freeze and case filtering, promote dispute solution,promote the referee quality agree . The value of pretrial preparative procedure includes: achieving procedural justice, protecting a litigation rights, improving the efficiency of lawsuit.The second chapter, study foreign civil litigation pretrial procedure comparatively. This chapter focuses on two kinds of pretrial preparative mode on foreign civil litigation pretrial preparative procedure division and compares sense of the research. The parties in the United States before trial mode socialism, France, for example is introduced. The two countries program structure court authority socialist pretrial mode to Germany and Japan as an example for analysis. Two big pretrial mode are many differences, but the overall development trend is the same, attaches great importance to pretrial preparative procedure, will the focus moved forward procedure. In pretrial preparative procedure weakens the role of the judge and gives priority to the parties activities .The third chapter, presents an analysis of our current civil procedure law and relevant legal provisions in pretrial preparative provisions defects,and introduces and comments the reform of retrial preparative activities in current judicial practice.The forth chapter,it is the core part in this paper. To construct the pre-trail procedure we need to grasp the foothold, the pursuit of building value goal, the principles and the scope of this program. Finally, key explains how to construct v. answer procedures and issue finishing procedures.Conclusion,reaffirm the important value and position pre-trail program has and the necessity of building the program in China . To construct the procedures, we must fully protect litigation rights and its position in litigation, follow the principle that "fair priority, take the efficiency into account " , focus on v. answer procedures and issue sorting program . Finally as the basis of absorbing the foreign advanced experience and considering the actual situation in China,constructing ,Chinese characteristic ,independent, civil litigation pretrial procedure.