| Pre-trial procedure is the intrinsic requirement of the realization of justness and efficiency of modern civil case. The emphasis on the construction of pre-trial procedure has become a common trend in civil case all over the world. With the change of the mode in civil case, we are now facing the problem of constructing and completing pre-trial procedure, too. The People's Supreme Court has put "perfection of pre-trial procedure" in the key list of reforming item of trial mode in civil case.The process of the reform of pre-trial procudure. Our pre-trial procedure has experienced two extreme modes from "four-step court" to "one-step court" in which the preparatory conduct isn't separated from the trial conduct, affecting justness and efficiency of litigation. Our new development in the reform of pre-trial procedure is to strengthen the evidences providing of the defendant and the accused, specify the scopes of the court about rights to make investigations and gain evidences, exchange evidences before the court, discharge the power of evidence, examine and separate, make clear of the change of the deadline of litigation request of the clients.The value of pretrial procedure. Pretrial procedure is the litigation activity in which parts of the cases will be solved before brought to court after the People's Court accepts it, under the instruction and supervision of judges, in order to justly and efficiently get ready for a centralized trial at court through exchanging opinions and claims between clients, collecting and exchanging evidences, sifting and separating evidences to exclude some undisputable evidences, facts and requests, making clear of the facts, evidences and focus of dispute. It has the characteristics of independnce of the procedure, the integrity and specification of the contents, the non-judgement in the resolution of dispute, theleading role of the clients, the prepartion of the work, the multi-faces of the procedure subject and the supervision of judges. Pre-trial procedure fully embodies the value of civil litigation procedure, helps to bring about procedure justness and object justness in civil cases, make litigation efficient, protect civil rights, promote to slove disputes in civil case and realize its social benefits. It helps to be in line with internation judiciary.The following are some of the foreign pre-trial precedure. America's pretrial consists of pleading, discovery and pretrial conference. The client is the leading subject of the pretrial who is supposed to get a full and thorough preparation. If any delay is caused, the lately authorized judge will run the case. In France, the preparatory judges run and instruct the operation of the procedure. But it can fully protect the client's free rights, including thd date of agreement and Pre-trial procedure which has achieved high efficiency and good result. In Germany, the pretrial procedure is divided into two categories: First, The first time date-setting procedure in early stage, Second, a written procedure. The judge decides on the method and instruct the procedure operation. Japan has 3 forms of pretrial procedures: prepared oral debate, debate preparation procedure and written procedure. The judge makes decisions accordingly. The system of secretary's commanding orders and the clients note is enacted.Some suggestions for the perfection of pretrial procedure. Some disadvantages existing in out present pretrial procedure: the differences between pretrial institutions, no regular chairmans, unclearness of the rights and obligations of the leading bodies, softness of pleading function, lackness of practical contents and specific operational procedure, the client's no choice of ways of collecting evidences, no pretrial reconciliation procedure, lackness of the function of solving dispute independently, no definite duty of explanation and instruction of judges before trial.The design of our country's pretrial procedure should takethe operational mode of combining the client's conduct with the proper mana... |
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