Discourse On The Construction Of Concrete Systems Of Chinese Civil Pre-trial Procedure

The establishment of the pretrial is one part of the reform of civil procedure, and the important basement of structure of modern civil procedure, which focus on the trail. The key to improve the pre-trial of civil procedure is the adversary system, which is the theory of basic principles civil procedure. Those new principles should help to design the institutions of the pretrial. Since 20'centry, many countries start to reform civil procedure, and important character of modern mode of civil procedure is counterview and debate focus on issue of the suit, the facts and the evidences. The judge makes his judgment on the ground of the debate. That needs adaptive pretrial procedure to fit the judgment. That's the common rule after the practices of civil procedure for about more than one hundred years. Among the civil procedure justice reform of our country, after the changes from judgment before trial to judgment without trial to discovery procedure, the pretrial procedure is still important for every court. The lag of legislation and the exceeding practice are not avail to protect the rights of the parties. The problem caused by the lack of special pretrial procedure has attracted the academic attentions and more researches. But that's the one of the most important task of the emendation of the Act of Civil Procedure. The target of the emendation is to enhance the protection of the parties and that's the aim to establish the pretrial procedure. Through the comparison of the differences of the pretrial procedure among some countries, the mode of our civil procedure is still the Qffizialmaxime. No matter in civil law countries or in commonlaw countries, the adversary system is the basis to design the pretrial procedure, of course the adversary system is not the classical system, it has been promoted and modified by the exchange among different countries. Exactly, the modern adversary system has become the new system. The basic principles of civil procedure are the foundation of the establishment of pretrial procedure. The present Act of Civil Procedure has not stipulated real basic principles on the angles of either intension or standard. After the analysis of the present law, only the verhandlungsmaxime and dispositionsmaxime is real basic principles of civil procedure, and those two principles are the center and keynote of the adversary system. At present, there is no absolute and independent pretrial procedure in our country in deed. Through the analysis of legislation and practice, we must stipulate and supply more statutes for pretrial procedure, such as the pleading rule, the pacification rule, the rule of dropping the lawsuit, the rule of selection of judges, and so on.