The Change Of The Two Pre-trial Proceedings Revelation, To Build China's Pre-trial Proceedings

As a measure of public force solving civil dispute, civil litigation embodies the interference that the state exerts on private law. However, due to the difference of historic origin among the countries, the degree of the interference is also different. As the pretrial preparatory process of civil procedure, its role and status in the whole civil litigation should not be neglected. The traditional function of pretrial procedure is to decide the controversial points and to fix evidence for the preparation of court trial. Now the tendency is to make evident the function of pretrial procedure of resolving and distributing action sources. Legislatively, the construction of pretrial procedure is one of the basic subjects in the Civil Procedure Law of China.This paper is making up by the foreword, main part, conclusion and reference. The main part can be divided into four parts.Part one systemically researched the basic principle of pretrial procedure. It gave a brief summary to the concept, Content, function and value of pretrial procedure.Part two mainly used the history and comparative methods. The author makes a detailed research on the evolution of the pretrial procedures in foreign countries such as England, American, German and Japan. Because of the difference in whether are jurors, the backgrounds of pretrial procedures establishment in two main legal families and the problems in their...