| Viewing on the development of civil action in Two Legal Systems, the pre-trial procedure refers to a series of procedure from accepting and hearing a case to open a court session, in which ensures the clients to have a right of fully and equally debating. Its main content is to arrange the evidence and to decide the controversial issues. After this, can the case be taken for trial, can it ensure the two sides parties to debate continuously with focus during the trial, to ensure the fairness and efficiency; In the meanwhile, on the foundation of evidence exchange and discovery, it can facilitate the settling of disputes by full negotiation with no-judgment, and helps to save litigation cost. The development of pre-trial procedure in the past two hundreds years, is due to reach the aim that centralization of trial. Under the influence of independent vale theory of procedure, the system factors that Subjectivity Participation Equity are introduced into the institutions of pre-trial procedure, to emphasize the value of procedure itself rather than the result of procedure. Although there exist differences among modes of proceedings between America and German, they have already established a series of relevant law systems, such as, the evidence gathering, the evidence discovery, the evidence exchange, the evidence losing-right, the forcing defense system of the accused, the no-pleading judgment, the default judgment, and the judicial ADR in line with their own states' situation, which helps to settle the disputes with better methods. Thus this features the pre-trial procedure with the traditional functions of clarifying the controversial points and fixing evidences and centralizing the trial, but also with the functions of resolving disputes through reconciliation. It has diversified the functions; as a result, it also changed the original procedure marginalized to the procedure with the nature of self-sufficiency and independent value one which co-exist with the court trial procedure. |
PDF Full Text Request