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Study On Pretrial Conference Of America

Posted on:2006-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2166360182483632Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Pretrial conference is an important and unique litigation regulation ofAmerica. It has two main purposes: firstly, to identify and narrow issues, toestablish schedule of the case, to facilitate trial and improve efficency of thelitigation;secondly, to helo parties to understand the strongness and weaknessof their claims and defences, to help parties to reach settlement to resolve thecase. So pretrial conference is important to improve the efficency of thelitigation, to reduce the costs of the parties and courts. The paper studied theoperation system of American pretrial conference and is helpful for us toreformulate our judicial system. In respect of research method, the dissertation makes use of historicalanalysis, comparative analysis, and empirical study, canonical analysis andinterpreting method are integrated. The paper studied the concept, functionsand historical development of pretrial conference. After the study on complexoperation of initial conference, subsequent conference, and final conference,the paper made research on participants of pretrial conference and the reasonsfor the rise of managerial judges. At last, the paper made some propositionsfor the reform of our civil judicial system on the basis of comparative analysison cases management systems of America, Germany and Japanese. In my opinion, America established pretrial conference system in orderto reduce cost of litigation. Although there are many arguments on pretrialconference, it's getting more and more important in American judicial systemafter some amendments. So it may be helpful for the reform of our civiljudicial system. The author concluded that we should establish pretrialconference system in order to improve case management.
Keywords/Search Tags:pretrial conference, settlement, trial, pretrial order
PDF Full Text Request
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