Study On The Preparatory Procedure

As the preliminary step before the court hearing, preparatory procedure is the procedure that every litigants should be followed in when he carried on the civil procedure. Through the arrangement of issues and the clench of the evidence, on the one hand, preparatory procedure can make the case to be centralized, on the other hand, it can make the litigants or the litigants and judge to have a substantive dialogue and promote the cases to be resolved, in non-trial ways before the coming of oral debate. Preparatory procedure is legislated in the western civil procedure. China's civil procedure act has stipulated " pretrial preparations ", but had not yet provided for an preparatory procedure in the strict meaning. This article compares the countries of two fundamental laws and principles departments, provides constructive opinions about the issue by analyzing purposes, values, situations and weakness of preparatory procedure, probe into its basic theoretical question, on the basis of the lack preparatory procedure and making references to foreign experiences, put forward the preparatory procedure in our country.