Civil Pretrial Procedure

Pretrial procedure can be founded on the Civil Litigations in most countries including both British-American Legal System and Mainland Legal System. Because of the politics, economy, culture background and law tradition different from each other, the concrete provisions of the pretrial procedure have differences in the two greatest Legal System too. Although pretrial preparations provided for in the Ordinary procedure of First Instance by our Civil Litigations, because of the knowledge of the pretrial function being not clear enough and the rule about Pretrial Preparations being so rougher, the complete meaning pretrial procedure have been established still. Just along with the reform of the civil trial way thorough, every court, including the write working in—the people court of GAOMI city, is investigating some reasonable and effective pretrial patterns gradually in the judicatory practice. Similar to the trial, the pretrial will gradually being become the main procedure solving the civil disputes too. How to set up our pretrial procedure is catching the high concern in the litigation and judicial field. For this, the writer picks it out as my graduation thesis topic, to promote further perfect of our pretrial legislations related.First, this text analyzes the pretrial procedure theoretically and generally. The review rises from the concept characteristic that should be had, then discusses synopsis the operator of our pretrial procedure, that the judge and the party should be fixed the position construction in which the judge power is main and the party regarded as assist, both should combine together. Then talks about the establish should benefit to the fair and efficiency value of the civil, combining to expound theoretically the" pretrial relief functions such as the property and proof keeping, the pretrial prepare functions such as the issue clearing and the proof fixing, and the pretrial case-settling functions such as the pretrial sentence and the pretrial intermediation, etc. Then combining the functions with the values, the writer analyzes how to define the relationship between the trial and the pretrial procedure.Later on, this text studies the general situation of the abroad pretrial procedure. Starting from the angle of the comparison method, this part sees though the pretrial rules one by one in the representative countries of the two greatest Legal System, such as British, American,French, Germany and Japan, and contrasts synopsis the pretrial proceeding circumstance of those above nations to find the total regulation.Immediately after, this text studies our present pretrial condition. The write explains the civil laws and the judicatory elucidation about our pretrial procedure using the enumerating method. Then compared with abroad advanced countries, our pretrial procedure still exists some blemishes and shortages.In the fourth part, this text tells the design of our pretrial pattern choice. Along with the development of the pretrial principle gradually, the courageous was proceeding quest in the actual field. In this part the write introduces three kinds of the pretrial pattern current being operated in courts which including the trial judge, the judge's assistant and the pretrial judge, combining introducing detailed the operation of the pretrial judge pattern in the court the writer being worked. Then the writer dawn a conclusion that the pretrial judge pattern has superiority even.Finally, the write put forward some suggestions about how to perfect out pretrial procedure system which should be set up now, such as the litigation power losing system including the rejoinder power losing and the proof power losing, the pretrial case-settling system including the pretrial sentence and the pretrial intermediation, the explain power system enhanced the judge guide and the pretrial judge system.In fine, this text is the write' s practicing article combining the judgment. Although the civil pretrial procedure is a good kind of system, its function would not been developed if not be operated well in practice. Thus the perfect, such as the development of the whole characters personnel's exaltation including judges and lawyers, the round system including the judge choose, and so on, will be related to develop the value and worth of the pretrial procedure as well.