Discussion The Perfection Of The System Of Civil Pretrial Procedure

Civil pre-trial procedures is the collectivity of a series of lawsuits activities that the judge according to legal procedures to organize the parties to prosecution and defence, the exchange of evidences, the Pre-trial Mediation etc. Since the People's Court handle civil cases (including cases of plaintiff sued, appellant appealed and applicant complaints filed) to the trial. Pre-trial procedures as a process, has legal and independent characteristic. Its existence's value is also manifesting its ministrant and divergence characteristic. Perfecting the pre-trial procedures not only can effectively improve the efficiency of the trial, but also effectively divergence cases, the particular importance is enable judges to return the neutrality.At present, China hasn't established an independent and consummation civil pre-trial procedures. "Civil Procedure Law" only provides for seven pre-trial preparations, the Supreme People's Court "About civil action evidence certain stipulations" (hereinafter referred to as "the rules of evidence") has play the positive role in promoting the development of pre-trial procedures, and has constructed the original framework of China's pre-trial procedures. However, it hasn't been stipulated in "Civil Procedure Law" as a fully independent procedure, to make it different to the court procedures. Furthermore too much authority colors were added to the content which completely ignored the parties in pre-trial procedures. This Legislative model not only can't play its preparation functions for trial preparation, but also make the trial a mere formality. It also buries the hidden dangerous for the appeal, the complaints, entangle sue and so on which causing a great waste of the effective judicial resources.Through more than 10 years of trial practice, the author has a certain understanding to the many existing problems of the pre-trial procedures, and be willing to further research, to encourage legislators pay more attention to pre-trial procedures, as soon as possible to establish a sound pre-trial procedures, this is also the significance that the author chooses the topic.China is actively exploring the establishment of a perfect socialist legal system, civil pre-trial procedures is a major system of being reforming and perfecting. This article will refer to the designment of the pre-trial procedures of US=UK legal system countries, and contact my trail practice, to design China' pre-trial procedures, to make it play its proper function in case of diversion, resolving dispute and trail preparation and so on, and through the role of pre-trail judges to designed to divert to the case, the trial preparation, to resolve disputes, and played there should be functional, and through the role of the pre-trial judge, in order to further protect judicature impartiality and neutrality.The full text is divided into four parts:The preface elaborated background and significance of the selected topic, and outlined the goal and method of researching the pre-trial procedures.On the first part, the concept, characteristics, function and value of pre-trial procedures were outlined. Elaborated the necessity and purpose of setting in pre-trial proceduresOn the second part, the stipulation and procedures of Germany and the United States has been introduced through analysing and contrasting for the exploring of the experiences, procedure and ideas that can be adopted.On the third part , the legislative status quo of China's pre-trial procedures was analysed, especially the shortcomings of existing legislation and the consequences of missing legislation, and the existing problems of in the operation of China's pre-trial procedures.Part IV gives a proposal to perfect China's pre-trial procedures, the basic principles that should be followed in the pre-trial procedures and the model and the main body that should be adopted are also discussed. Concrete,workable and scientific suggestions as to how to improve FOR system, evidence exchanging and right losing system, mediation system are also given in this part.