On The Procedure Of Issues Arrangement

In pursuit of efficiency in litigation, pretrial preparation procedure is put under great consideration. However, issues determination, one of the most important functions in pretrial preparation procedure, still lacks sufficient attention. The procedure of issues arrangement has never been established in practice in China; furthermore, the current practice that it is the judge who determines issues deprives the parties' disposal right, which is contrary to the basic principles of civil litigation. Therefore, as for the scientific development of pretrial preparation procedure, emphasis should be put on its basic procedure— the procedure of issues arrangement which, not only needs to be improved and perfected by benefiting from the introduction of foreign procedure system, but also needs further research in various aspects, such as its values, definitions, and theoretical basis.