On Our Civil Procedure Construction Of Pre-trial Proceedings

Pretrial Procedure is one of important parts of Civil Procedure.It hasindependent and subsidiary function such as Civil Dispute Settling,Evidence Exchanging,Bone of Contention Arranging.Pretrial Procedureis the guarantee for Justice and efficency of Civil Procedure.These years,the study in this region is becoming a focus,with someconfusion on the concept.This article begins with clarifying the conceptand some important theroies,then makes a comparison between foreigncountries and China,in order to find a way for building ideal PretrialProcedure in China.For this purpose,these preparation are indispensable:The comprehensionto the Pretrial Procedure Theory,the consultancy to the foreign advancedPretrial Procedure and the inspection to the Chinese actuality.Theresearch of this article is base on those.This article includes four chapters.Chapter 1 is the Summary.In this part,firstly the author distinguishesconcepts of Pretrial Preparing Phase,Pretrial Preparing Procedure andPretrial Procedure.Then the author analyzes the function of PretrialProcedure with the emphasis on the independent function,the mode ofPretrial Procedure and the relation between Pretrial Procedure and TrialProcedure.Chapter 2 is the Consultancy to the Foreign Advanced PretrialProcedure.The author researches the structure and the independentfunction of Pretrial Procedure in U.S.A,UK,France and Germany.Onthis foundation,the author summarizes what we can learn from foreignadvanced Pretrial Procedure.Chapter 3 is the Analysis of the Chinese Actuality and the Necessity ofthe Construction of Ideal Pretrial Procedure in China.In this part,theauthor introduces the development of Chinese Pretrial Preparing Phase,the current legal regulations in this area and the disadvantage of ChinesePretrial Preparing Phase,pointing out that there has't been real PretrialProcedure in our country.Then,the author analyzes the necessity of theconstruction of Pretrial Procedure in China.Chapter 4 is the part of Resolution,Setting Forth the Conception of theConstruction of Pretrial Procedure in China.Firstly,the author discussesthe principle.Secondly is some concrete conception including:buildingindependent court of Pretrial Procedure,establishing systemic mediativeinstitution,executing the Losing of the Right of Plea,emphasizing theJudge Interpretation,modifying and implementing the law,etc.At last,the author summarizes the fundamental structure of Chinese PretrialProcedure.