The Pre-Trail Preparation Process Studies

The pre-trail procedure of civil lawsuit procedure is important constituent, its structure content not only directly affects reasonable or not, the trial fairness and efficiency, and also affect the realization of the function of the dispute resolution. With the development of society, whether in Anglo-American law system or continental law system of civil litigation pretrial preparative procedure concept and system design in respect of civil litigation development rule based on the perfect, it has obtained gradually the great achievements well worth our country and learn from it.In civil litigation pretrial preparative procedure system design, the typical representative of Anglo-American law system in the United States mainly by pretrial procedure lawsuit answer procedures, discovery and pretrial meeting composition. Representatives of the continental law system country Germany's pretrial procedure consists mainly of v. answer procedures, written litigation preparation or preliminary hearing composition. Although system design, but they all differences with the development of civil litigation law of civil disputes, the timely justice resolve play an important role. Because traditionally have heavy entity light procedure traditional, our country in legislation and judicial process to civil pretrial preparative procedure, causing insufficient attention in the preparation stage the pre-trail exists many problems. Chinese civil procedure although stipulate the "trial preparation before", but has not yet become independent pretrial procedure, so in civil litigation process also cannot exert civil pretrial preparative procedure proper role. This paper firstly civil litigation pretrial preparative procedure are summarized, then the two big law and Japan's pretrial procedure comparison, through comparing sums up their common advantages and their respective deficiencies in China, then describes the about the pre-trail preparation phase legislative and judicial reality situation and existing problems, summarize reasons, and according to the current put forward for reference foreign experience system construction of China's pretrial procedure, probably including perfecting ideas, improve the lawsuit a program with evidence exhibiting evidence exchange system and establish a pretrial conference system, establishing the judge cohabitancy power and so on.