Research On Pretrial Civial Procedure

In order to guarantee that the case tries to carry on smoothly, the People's court from will accept plaintiff's prosecution later before holding a court hearing, needs a series of preparatory work which will carry on legally by case's undertaking personnel, this stage general name before the trying preparation, before it will be in the ordinary procedure holds a court hearing one to pass through the stage, also will be the civil proceedings important component, will be guaranteed that the hearing quality, will enhance the hearing efficiency essential foundation, is necessary premise which the civil action will move carries on smoothly, whether this stage's work will carry on legally, will relate the administration of justice the validity and the validity, regarding will protect the litigant to exercise the lawsuit right fully, guaranteed that the court will exercise the judicial authority correctly, Defends litigant's legitimate rights and interests earnestly, has the very vital significance.At present, each country faces the common question which the lawsuit explodes, various countries in is carrying on the judicial reform, how to raise the lawsuit efficiency to become the reform the key point, a common reform trend is holds a court hearing the activity before the imbalance to transfer examines the preparation and the judicial activities lays equal stress on both, before examining, the procedure to become in day by day the civil action a very important stage. Before examining the fixed evidence which, the procedure has, to prevent the lawsuit surprise attack, the safeguard lawsuit fairly, to raise functions and so on lawsuit efficiency, and has the independence solution dispute's function. Therefore, before each country the procedure makes examining, for the reform key point, raises the hearing efficiency, saves the judicial resources.But before our country present examines the procedure, only then the minority related stipulation sees here and there in the civil procedure law, the evidentiary rules and some judicial interpretation, before has not become one independently, the system complete civil to examine the procedure, moreover before not having civil to examine, the procedure important content: The evidence exchange and the point of contention fixed system, this must be our country from now on a civil action judicial reform important content.In addition, what our country's civil action pattern implements from beginning to end is the authority principle, under this kind of pattern, before civil examines, moves is also take judge as the active lead, originally should the evidence exchange which and the point of contention determination completes by the litigant arrogates to oneself by judge, causes the litigant before examining the procedure start, the pusher, turned judge's auxiliary, has harmed litigant's legitimate lawsuit rights and interests and the enthusiasm, also violated the civil action to be fair, efficiency value request. Therefore, before how to reform and consummates our country civil to examine, the procedure to become the question which the civil action urgently awaits to be solved. What fortunately is, along with practical realm trial way reform thorough and development, civil trial procedure oneself starts to pay attention and to become gradually the hot topic of discussion.This article introduced before the civil action examines, the procedure concept, the function, the value, before having analyzed the present situation which and the existence malpractice our country civil examines, prepares and civil examines, the procedure to be possible the application way, pointed out that before reforming our country to examine, the procedure to be possible to absorb overseas quite mature, conforms to our country national condition system, and proposed before constructing our country civil to examine the procedure concrete proposal and the measure.The paper divides into four chapters to carry on the elaboration, each chapter of primary coverage is:The first chapter, before the civil action examines, the procedure outline. Before first confronted, the procedure concept to carry on introduced that and has carried on the limits, before analyzing examined, the procedure function, elaborated before in detail examined, the procedure in the promotion lawsuit fair, to enhance the lawsuit benefit aspect the value.The Second chapter, before the overseas civil action examines, the procedure quite to study. This chapter introduced separately take the US, Britain examines the procedure and take Germany, France, Japan as the model before the national UK-US legal system litigant principle as examines the procedure survey before the national mainland legal system authority principle. And analyzes pointed out that before two traditions examine, the procedure common rule and the value idea, the respective existence good and bad points and use for reference mutually, before the mainland legal system country absorbed the UK-US legal system to pay great attention the courtyard to prepare, examined the procedure close stem for stem gradually before the litigant principle, the UK-US legal system country also strengthens the court to operate the procedure management by supervision to the litigant, prevented the lawsuit dragging. Introduced that before the above foreign civil action examines the procedure, the goal is before overseas more advanced civil examines the procedure to carry on quite studies, understood before the different country examines, the procedure concrete operation way, before analyzes the different country to examine, the procedure principle, before to construct our country civil action to examine the pattern which, the procedure provides may absorb and use for reference.The third chapter, before our country civil action examines, the preparation present situation and the existence question. This partial contents are the present situation which examines before our country civil action prepares carry on introduced that before the civil procedure law, the evidentiary rules and the related judicial interpretation and so on the present civil law found examines the procedure legal basis, before introducing examined, the procedure to reform the before and after concrete procedure, before analyzing our country to examine, prepares the procedure existence the question and the malpractice.The fourth chapter , before constructing our country civil to examine, the procedure conception. This part introduced before constructing our country civil to examine, the procedure necessity, pointed out that before constructing our country civil action to examine the guiding principle which, the procedure should have, examines the procedure existence question and the malpractice before our country, proposed that own viewpoint and the view, hoped can civil examine the procedure from system's establishment before our country to carry on the consummation.