Construction On The Pre - Trial Procedure Of Civil Litigation In China

Along with the economic and social development in China and actuated by the requirement of legal safeguard intensification, the unprecedented importance is attached to the construction of legal system. The legislation strengthen the confirmation and protection of the right of civil subject entity continuously, at the same time, as the important relief measures for right guarantee, the legal system of civil suit must be reformed accordingly, in order to realize the just and effective value objective of civil suit The study emphasize on the Pretrial preparatory procedure, which is the relatively weak part in the civil suit procedure in China. By comparative analysis of the civil Pretrial preparatory procedure in the typical countries of U.S.A, Germany and France, the defect and deficiency of pretrial preparation of civil suit in China is analyzed and studied, its damage to the civil suit is also analyzed. Meanwhile, from the view angle of civil suit purpose and value objective, and combined with closely related hot topic like reformation of judge's rules and judicial supervision, the principles and requirements of the establishment of civil suit Pretrial preparatory procedure is studied, and preliminary opinions for the construction of the practical system from the author is presented. Hopefully, the actual probability and feasibility of the establishment of civil Pretrial preparatory procedure will be confirmed by keeping the entirety matching of the reformation of civil suit system and the reformation of judicial system, realize the combination of theory basis and practice basis, and therefore, to play the role of civil suit Pretrial preparatory procedure which it should, and finally achieve the purpose of justice fair and effectiveness.