Research On Issue Identification In Pretrial Procedure Of Civil Litigation

Settling the disputes is the core of pre-trial preparatory activities.Theoretically the aim is to simplify and fix disputes, to improve efficiency of the proceedings, to prevent a surprise attack, to encourage parties to resolve disputes by themselves and etc. In practice, to perfect the pre-trial procedures of settling the disputes provides a new idea for the promotion of centralized and efficiently solving the civil disputes in China. Such kinds of pre-trial procedures have been perfected as a system in some developed countries, while our legislation rarely stipulates it. In practice there are series of issues such as the configuration of rights and obligations between parties and judges that are not scientific and conflict with concept based on procedures, the lack of mechanism control and related systems. Faced with these issues, we have to conduct a comprehensive reform program on the point of civil pre-trial disputes settlement. We should learn developed experience from foreign countries. We should regulate and improve the subject, object, diversification, termination and legal effect of pre-trial procedures disputes settlement in detail. At the same time, to ensure the smooth operation of civil pre-trial procedures disputes settlement, we must improve the evidence collection, proof losing-right system, the judge decrypting system and so on.