The Reconstruction Suggrstion Of Civil Litigation Repaying Procedure

Civil litigation preparing procedure which is important to ensure justifiability and efficiency of civil litigation procedures and initiative of parties in legal proceeding, is one of the most important civil litigation procedures. However, the law of civil procedure in our country does not stipulate civil litigation preparing procedure as a complete independent judicial procedure. Because of immaturity of legislation technique, many serious flaws exist in civil litigation preparing procedure in our country. In recent years, many judicatory interpretation on civil litigation preparing procedure have been constituted, the courts in many places also have researched civil litigation preparing procedure on various degrees in practice, nevertheless, these research, which is rough-and-tumble, attending to one thing and lose another, breaching the professional demands for courts and judges, lead that the two litigation objectives, "justice in fact" and "justice in procedure", can not be achieved. Therefore, it is necessary to reconstruct the present civil litigation preparing procedure.On the basis of reviewing the history of civil litigation procedure in our country and civil litigation preparing procedure in some other representative countries, this thesis analyzes the present situation and flaws of civil litigation preparing procedure in our country, and considering judicatory practice fully, makes a reconstruction suggestion on some aspects including principle reconstruction, organization coordination, function definition, system establishment and completion, etc..Except for introduction and epilogue, this thesis is divided to four chapters.The first chapter The brief statement of civil litigation preparing procedure in our country. This chapter introduces the definition, characters , function and evolution history of civil litigation preparing procedure in our country.The second chapter The characters of civil litigation preparing procedure in two law system. This chapter introduces particularly primary situation of civil litigation preparing procedure in U.S.A., U.K., GERMANY, FRANCE as representatives of two law system, in order to inspire the legislation in our country.The third chapter The problems of civil litigation preparing procedure in our country. This chapter points out the problems of civil litigation preparing procedure in our country, establishes the foundation on which civil litigation preparing procedure was reconstruct pertinently.The fourth chapter The reconstruction suggestion of civil litigation preparing procedure in our country. According to the present situation and legislation of civil litigation preparing procedure in our country, this chapter makes a reconstruction suggestion on some aspects including principle reconstruction, organization coordination, system establishment, etc..