Civil Litigation Pre-trial Proceedings

Traditional pretrial procedure is for the preparation of court trail.The instrumental value thereof becomes the only pursuit of utility.The function of pretrial procedure has been limited by it. The civil pretrial procedure of China should meet the need of both efficiency and justice.Chinese pretrial system should not only be able to decide,collect,and exchange evidence to prompt the parties to conciliate ,but also be able prevent the phenomenon such as making decisions before trial,contacting one party to the litigation,compelling to mediation ,and making judges having bias. We should decide our pretrial procedure pattern according to the principle of conforming to the aim of justice.By author's own opinion,a substantive, self-contained pretrial procedure should be set up in Chinese civil procedure system.And some provisions concerning losing of the right of plea,evidence exchanging, paraphrase by the judge,Alternative Dispute Resolution should be the indispensable element of the pretrial procedure.The article includes four chapters.Chapter 1 is The Summary of Pretrial Procedure.In this part,the author mainly introduces and analyses the concept of pretrial procedure,the functions of pretrial procedure,the characters of pretrial procedure and the value of pretrial procedure.