On The Pretrial Procedure Of Civil Litigation

Fair and effective judicature is the target of judiciary system reform as well as the trail mode reform in China. Pretrial procedure is quite special for the judicature justness and efficiency, to some extent, it's the absolutely necessarily system of modern judiciary. If we focus on the civil litigation of the western countries, it's no hard to get the conclusion that there is a common tendency: pretrial preparation is becoming as important as trial. Pretrial procedure has already become an important part of civil litigation. However, in China, pretrial procedure has long been ignored by the civil legislation, judicature, and even by the litigation theory research. Pretrial procedure is the procedure that is easily neglected in the litigation procedure research. By now, there has not been a truly pretrial procedure existed, it's precisely one of the crux that civil judicature in our country has not been able to go out of the embarrassment for many years. Fortunately, accompanied with the development in trial mode of practical group, civil pretrial procedure has been focused on and gradually become a popular topic.Looking into the development of pretrial procedure in the world, various countries attach importance to the legislation of pretrial procedure and they pay more attention to the practical effect of enforcement as well. These have made originally simple pretrial procedure transform into a set of relatively independent systems which can even decide or repel common court hearing. Pretrial procedure contains all necessary procedural prerequisites that can solve the dissensions. It is also capable to solve civil dissension, accomplish the purpose and the assignment of litigation by its structure instead of by other procedures. Pretrial procedure together with court hearing procedure constructs a full flow of solving dissension. However, at present, pretrial procedure is just called "preparation before inquisition" in code of civil law of our country. It's a part of first common procedure, but can't be called a completely absolute pretrial procedure. That's because the prescript on this is far from perfection. Traditional pretrial procedure is for the preparation of court trial. The instrumental value thereof becomes the only pursuit of utility. The function has some restriction on the mode establishment of pretrial procedure. The tendency of the pretrial procedure with the excessive characteristics of functions and powers is closely related to the supposed pretrial procedure with one function, which leads to the result that pretrial is indispensable and its functions shrink.Consequently, I think that in order to form a modern civil action mechanism, it's quite necessary to establish and perfect pretrial procedure and we should also learn the useful experience of legislation and reform of pretrial procedure from western marketing economy countries. My thesis stands on the justice and efficiency of litigation, and makes evident the function of resolving disputes and distributing action sources of pretrial procedure. Re-define an independent and self-sufficient pretrial procedure. According to comparing with correlative system of foreign countries and analyzing the current situation and its abuse in China, reconstruct pretrial procedure of civil litigation in our country.