Program On The Civil Trial Preparation

Impartiality and efficiency are the two important dimensions of justice that represents the innate demands of the justice of law. The procedure justice and the lawsuit efficiency are the aims that law systems pursue. So the organic combination of impartiality and efficiency is the complete value orientation of judicature.Since the separation of procedural law from substantive law in the modern society, the meaning or value of procedure has become the focus of many scholars attention. Civil procedural law and civil substantive law are two systems of law that regulate the society from two different angles. On defining their relationship, the legists world at home and abroad argued about procedural instrumentalism, procedural standard and the theory of laying equal stress to the two law systems. This contending reflected that the legists world have paid attention to and have discussed the justice of procedure from different respects while they are busy with the justice of entity. Civil procedural law and civil substantive law have their respective value while they share their common objects; they are independent from each other while supplements each other. Therefore, the procedure of civil action should not only reflect its usefulness and effectiveness in the realization of substantive law, i.e. its usefulness in realizing the justice of the entity and maintaining the order of judicature, but also have its independent value for its existence, i.e. its function in maintaining the procedure itself. The inner and outside merits of the procedure of civil action reflect its pluralistic value. This thesis focuses on the inner merits of the procedure of civil action, i.e. its independent value, from the angle of procedural justice. The value of the independence of procedure is embodied by the procedure itself rather than by the result of the procedure. It stresses the value of process rather than the value of the result. Its aim is to affirm that the people who will be affected by the result of the procedure have fair treatment. Only from a righteous procedure can produce a result that is most probably true. Any results produced from an improper procedure cannot be regarded as true in any way.Based on the acknowledgment of the righteousness of procedure, the law of civil procedure in many countries of Angle-American law system and Continental law system, after many years of improvement and perfection, divide the structure of the procedure of civil action into two parts according to their different functions: the pre-trial stage and the court stage. The pre-trial stage as an important part of the whole sequence of civil action has thus become an independent procedure with independent value, which is reflected in the following ways: At the pre-trial stage, the litigants? focal subject matter of action and the collected evidence are arranged and got ready for trial in order to facilitate the judicial action, to promote the reconciliation of the parties concerned and thus improve the efficiency of the lawsuit.The modes of pre-trial procedure vary in different countries for some follow Anglo-American law system and others follow Continental law system. This thesis offers a brief introduction to American pice-trial procedure, which is a representative of Anglo-American law system, and German pre-trial procedure, which is a typical one of Continental law system. At the basis of the same principles of litigation, both of the aims of American and German pre-trial procedure are to arrange the litigants? focal subject matter of action and their evidence in order to facilitate the judicial action and promote the reconciliation of the parties concerned. But these two kinds of pre-trial procedures differ in their specific policies. Their differences lie in the following aspects: the subject of the pre-trial procedure, the methods and ranges of evidence collection, the force of constraint of the result produced from the pre-trial stage upon the trial at court, the way of punishment and the process of exercise. The advantages and disadvantag...