Discussion On The Perfection Of Civil Pretrial Procedure In China

Civil pretrial procedure has become a significant stage in civil procedures;it played a crucial role in the reform of civil trial method in many countries.Currently,there is no complete and perfect civil pretrial procedure in China,however,it does not mean there is no relative working method existing.The reform of it in China experienced a long and tortuous process.The thesis explores the fundamental theory of civil pretrial procedure, researches from the history and practice perspective,reflects the existing problem of local practice and reviews related countries' experience,in order to clarify the issues of mandate setting,the subject of the procedure, etc.,and to clearly defined the power distribution between litigant and judge in the trial process.The thesis draws to the conclusion on how to perfect the current system in China in the end.The first chapter briefly introduces the theory of civil pretrial procedure and analyses the concept,characteristic,value and function of it. The function of it could be divided into two parts—the core and the concrete.The core function includes two aspects:to prepare for the court hearing and to facilitate the disputes resolving;the concrete function includes identification of issues in pretrial,evidences collecting and setting, mediation facilitating,opportunistic behaviors decreasing and lawsuit cost saving.The second chapter researches Chinese pretrial procedure from the history and practice perspective.Upon reviewing the history and current practice of civil pretrial procedure in China,the author analyzed the legislation weak points and defects in our civil pretrial procedure. The third chapter compares the civil pretrial procedure in related countries.It introduces the procedure in the USA,UK,France,Germany and Japan by a comparative method.Further the author points out the differences of institutional functions and the general trend of civil pretrial reform among nations.The fourth chapter is to bring forward the idea of improving our civil pretrial procedure.It interprets the proper value at first,and then stipulates the due subject of pretrial preparation.With regards to the power distribution between litigant and judge,the author holds that the two sides shall be cooperative and the subject status of them shall be balanced and given attention equally.The fifth chapter draws a conclusion that the rational distribution of right and power between litigant and judge is a crucial aspect in perfecting our civil pretrial procedure,while in the mean time,there are many other constraints.