Research On The Civil Pretrial Procedure Of Sorting Out Issue

As the core of civil pretrial procedure, sorting out issue has received many countries and regions attention extensively. Due to social, historical and law cultural differences, our country's civil litigation only ruled the pretrial preparative stage that judges engage in some routine work, but this stage is different from civil pretrial procedure, so our country's legislation have not make special provisions for the procedure of sorting out issue and judges have not the habit of sorting out issue in judicial practice. The lack of current legal norms,the lack of theoretical research and the confusion of judicial practice are the incentives that the author study the procedure of sorting out issue. Through the discussion pointing to the civil pretrial procedure of sorting out issue, the writer tries to design a manifold procedure of sorting out issue for our country's civil litigation, to promote the civil pretrial preparative stage into substantial civil pretrial procedure and achieve the purpose of intensive trial.In addition to Perface and the Conclusions, this article was individed into four chapters. The first chapter is the basic theory of civil pretrial procedure of sorting out issue. On this part, the author firstly analysis the concept of issue, sorting out issue, civil pretrial procedure of sorting out issue as progressive way; Secondly, the author highlights the function of sorting out issue from the relevant rights to fully realize the parties and the effective court trial work; Finally, the author points out procedure of sorting out issue in order to express justice and efficiency, however through its inherent operation mechanism and fairness and efficiency value content request height fit to further perspective. The second chapter for procedure of sorting out issue is the investigation and comparison of foreign fiction. This chapter author mainly talk about basis points, from which each takes two main representative countries, their procedure of sorting out issue explain, comprehensive comparative analysis in order to construct our country procedure of sorting out issue of finishing procedures help. The third chapter is the domain mechanized procedure of sorting out issue. The author in this chapter analyze current legislation and the relevant judicial interpretations to envision a civil pretrial procedure of sorting out issue in our absence. And further display the lack of reason of a civil pretrial procedure of sorting out issue. The fourth chapter is the construction of our country civil pretrial procedure of sorting out issue. In this chapter the author firstly construct that program's internal idea of supporting China's civil pretrial procedure of sorting out issue is concentrating hearing socialist and collaborative socialist. Secondly, this paper expounds the relevant security system perfect, complete the litigant evidence gathering guarantee system, and expand the content of judge cohabitancy system.