On The Civil Litigation Pre-trial Preparation Procedures

The pretrial preparatory procedure of the civil litigation exists after the people' s court accepting the cases, and before the judicial trial the procedure. The main things of the procedure are the clients collecting and exchanging evidences, and fixing issues, which together with phase and independence are the characteristics of the pretrial preparatory procedure.As an independent procedure, the pretrial preparatory procedure has its unique value and function, Firstly, It can sort evidences, fix issues, make problems that will influence trial solved before the judicial trial, and achieve the aims of ensuring centralized trial, heightening efficiency and reducing the costs of litigation. Secondly, it can defect evidence assault. Help the weak clients, ensure fair rivalry, restrict the influences of suit skills and abilities on the result of litigation, and achieve the aim of impartiality of the procedure and the result. Thirdly , It can impel compromise, make many cases solved before the judicial procedure and lighten the load of trial procedure.Many countries of the two legal families have prescripts of the pretrial preparatory procedure, but with different characteristics. Since procedure design is not the recklessness of legislators. But the rational choice based on historical traditions, cultural backgrounds and conditions of a country, the differences of the two legal families are fitting for different procedural patterns and procedural cultures.In America, continuous trial is inevitable because of jury system, so its pretrial preparatory procedure is perfect. The procedure is made up of pleading, discovery and pretrial conference. It imposes on the function of clients and agents on pushing the procedure, but it has drawbacks of abusing discovery. In some civil law countries. Such as Germany and Japan. The chief umpire judge presides over the procedure. It is easy to reach results before the trial and is harm forachieving procedure justice. The pretrial procedure of France is unique in the world, which sets pretrial judge working for the procedure. Also, it requires high standard of the preparation. The pretrial preparatory procedure of France is a good example of developing the activities of clients and the functions of the court.Of course, the procedure designs of the two legal families have different drawbacks, Many countries have reformed the procedure, and appeared the same trends during the reform. Such as increasing the right of the judge, and combining the adversary model with the inquisitorial model. The above experience Can give our country good lessons.In our country, there is no virtual pretrial preparatory procedure. It is only seven clauses concepted as "the preparation before trial" , which can not be an independent procedure but be tools serving the trial procedure. Also, doesn' t have prescripts of exchanging evidences and fixing issues. And no effect on procedure, we can say that judge' s work is the core of the Chinese pretrial preparatory procedure, the clients' activities are secondary. The judge collects evidences, fixes issues and judges the cases. It is called "four steps to court" in the real action, It makes the judge be influenced by many factors and can not be independent, In order to change the "for steps to court" , many courts in china use "one step to court" , a mode abandoned by Germany, It is independent and fair in surface so that it is popular for a period in china. But soon the drawbacks are exposed. Because of the abandonment of Pretrial preparatory procedure, the trial procedure is burdened with sorting issues and evidences, which can' t ensure high efficiency and continuous, which can' t ensure high efficiency and continuous trial. Many judges are tired in heart and body.In order to keep the right direction of justice reform, The superior court has ordinated several explanations. "Thesuperior court' s regulation of evidence in civil suit" was ordinated in 31st. 12. 2001. It gives clear directions of justice reform. Many local courts have reformed the pr...