Research On The Civil Pre-trial Procedures

Civil pre-trial procedures ("the Procedures") is the collectivity of a series of lawsuit activities that judge according to legal procedures organizes the parties to file and answer, exchange evidences, and reconcile before trial, etc. after the court admits the civil cases (including cases in which plaintiff sues, appellant appeals and applicant complains) and before the trial begins. The Procedures has prescriptive and independent characteristics. The values of its existence is also manifested in its features of service and cushion. Enhancing the Procedures can effectively raise the efficiency of the trial and effectively categorize cases. The particular importance is to return judges to neutrality.At present, China has not established an independent and well-functioned civil pre-trial procedures. Civil Procedure Law only provides seven articles with regard to pre-trial preparation. The Supreme People's Court's "Certain Rules on Civil Action Evidence"has played a positive role in promoting the development of the Procedure, and has constructed the original framework of China's pre-trial procedures. However, the pre-trial procedures have not been stipulated in Civil Procedure Law as a fully independent system or distinguished with the trial procedures. Furthermore, Civil Procedure Law entitles too much power to the courts and completely ignores the parties in the Procedures. This legislative model cannot exert its preparatory functions for the trial and reduces the trial a mere formality. It also has potential risks for the appeals, the complaints, pestersome lawsuits and so on, and thus causes a great waste of the effective judicial resources.Under the guidance of the modern judicial concept with the core content of "Judiciary for the People", the reform of the pre-trial procedures, as part of China's whole reform of the civil trial system, has attracted universal attention from both the scholars and the practitioners. Partâ… of this paper gives a brief introduction of the characteristics, functions and values of the Procedures. Partâ…¡demonstrates the systems of the Procedures in the foreign countries. Partâ…¢begins with the current situation of the Procedures of China, analyzes the flaws and shortcomings of it, and gives a comparative study of the differences of the Procedures between China and other states. The last part of this article proposes some suggestions for the purpose of the enhancement of the Procedures of China, the exertion of its independent values and functions, and the realization of the goal of efficient and economical resolution of civil disputes.