Research Of The Civil Pretrial Procedure About China

The civil pretrial procedure as an important part in civil procedure is prior to judicial proceedings in civil legislation and practice of many countries. The concept of the pretrial procedure has not been unified in the academic world. Current definitions either are defined in the light of function, or litigant proceedings, even on the basis of value and basic theory of civil procedure. According to these different definitions, author concludes that The pretrial procedure is not only a lawsuit activity brought in accordance with particular time sequence, method and procedure by court and parties from the day of acceptation of case by court to the day of trial, but also relationship raised in mentioned activities.Because of focus on Improvement of the civil pretrial procedure,mode of The pretrial procedure is reformed constantly in order to achieve equity and efficiency of civil procedure. In comparison with legislation on the civil pretrial procedure of England, US, France and Germany, author finds that although modes and proceeding actions of the civil pretrial procedure are different from each other, function and value of the pretrial procedure are same. The purpose of comparison is using for reference. After comprehension of the pretrial procedure in two families of law, we can scan current situation and problem of the pretrial procedure again, and then offer reasonable proposal suited to our country's conditions.In China, there isn't the pretrial procedure in its true sense. From presentation of the pretrial procedure as Preparation of trial in Civil Procedure, we can learn that the pretrial procedure is recognized as only a stage of trial and that pretrial resolution function which is more powerful and meaningful due to effect in realization of litigation efficiency and equity is neglected. After the founding of the People's Republic of China, especially after reform and open up, either academic world or professional world never suspend research and improvement of the pretrial procedure. every research provides useful sense as well as limitation. In new century,The Certain Regulation About the Civil Evidence as the result of study for years is remarkable to improve the pretrial procedure. However, problems in activities of reparation of trial is still existing, such as insufficiency of independence of the pretrial procedure, over rigorous the penalty clauses of forfeiting the evidence ringt and incomplete pleading procedure. Therefore, it's necessary to reform and improve further the pretrial procedure.Through analyzing related legislative provisions on the pretrial procedure world widely, the thesis analyzes deeply current issues in our country's civil procedure and brings out principles including principle of jurisdiction distribution in judge and parties, principle of taking into account both equity and efficiency and principle of combining with reference and national conditions, which should be follow in construction of our country's the pretrial procedure. Meanwhile, in the thesis, author conceives that set special judge in charge of the civil pretrial procedure, improve the limit for producing evidence and the penalty clauses of forfeiting the evidence ringt,set up pretrial conference system, improve pleading procedure and introduce judicial ADR in order to improve our country's the civil pretrial procedure. According to improvement of mentioned system, the civil pretrial procedure in a real sense will be established in China.