The civil pre-trial procedure with the nature of self-sufficiency is independent tothe court trial procedure. The traditional function of pretrial procedure is to decide thecontroversial points and to fix evidence for the preparation of court trial. Now thetendency is to make evident the function of pretrial procedure of resolving anddistributing action sources. Legislatively, the construction of pretrial procedure is oneof the basic subjects in the Civil Procedure Law of China. The paper is made up of four chapters: Chapter one systemically researched the basic principle of pretrial procedure. Itgave a brief summary to the concept, character, function and value of pretrialprocedure. Chapter two introduced the "pre-trial" of the United States and the "instruction"of Germany. By comparing the two different mode of pretrial procedure, it illustratedthe common tendency of pretrial procedure. Chapter three looked back the history of pretrial procedure in our country, andthen analyzed the current three pretrial patterns, finally pointed out the existentproblems. Chapter four discussed how to establish the new pretrial procedure of China,which concluded the reform of ideas, clarifying of main body and the construction ofpleading, the evidence exchange and the pretrial mediation. |