China Civil Pretrial Procedure

Civil pretrial procedure is a very important part of civil action, so whether it is reasonable or not influences directly not only the justness and efficiency of court trial, but also the function realization of conflict solutions.From the angle of civil action development in western countries, we could see the common tendency is changing from court-trial-emphasizing in the past to pretrial and court-trial together nowadays, and in the process of reforms and improvements, the civil pretrial procedures in western countries have been learning from each other and displaying common characteristics. But it is a pity that in China we still don't have a pretrial procedure in the real meaning. Although new prescriptions on pretrial preparative procedure has been added to The People's Supreme Court Prescriptions on Civil Evidence, but there is a shortage of theoretical depth and many problems are still left to solve. Judicial circles in China also take active attempts, but for the lack of theoretical supports and relevant systems, the reforms take on many problems. So, it is necessary to have a scientific discussion on civil pretrial procedure in theory.Part one is a comparative consideration on civil pretrial procedures in the US, Germany and Japan. Based on an analysis of basic contents, characteristics, merits and demerits of their pretrial procedures, a summary compare for procedure differences and sameness is carried out and provides a basis for reference of relevant systems below.Part two is a discussion on basic theoretical problems of pretrial procedure, introducing simply the concept and characteristics of pretrial procedure and analyzing mainly its functions and values.Part three is a summary of currant status and deficiency of pretrial preparative procedure in China from the respects of legislation and...