Our Civil Pre-trial Preparation Procedures Of The Legislative Reconstruction

The author does research into the fundamental questions of pretrial procedure in order to re-establish our pretrial procedure and make our process more scientific and mature than ever. the whole paper contains four parts.The first part :the concept\fearure value and function of pretrial procedure.The pretrial procedure of lawsuit is ahead of trial and later on accept. It is designed in order to reach a suitable time for trial. In the process, two parties controlled by the judge collect,exchange evidence and the points at issue are fixed. From two legal systems, some characteristics of pre-judicial procedure are found: the content of pre-judicial produce is an organic whole.Its core includes the two activities that evidence is collected and exchanged by two parties and the points at issue are fixed on. The time of pre-judicial procedure is specific. The procedure is independent. Parties' rights of formal handle are mainly considered and a suitable participation of judge is essential to ensure the order. Its values are mainly demonstrated in the procedural justice and procedural efficiency. Pre-judicial procedure has the following functions: exchanging evidence, fixing on points at issue, preventing the surprise attack of lawsuit, guarantee procedural justice, expanding the procedural participation of the party, improving procedural efficiency, decreasing procedural cost, promoting procedural reconciliation and steeping debates promptly.The second part: comparative research on the pre-judicial procedure of main countries of two legal systems. The modes of pre-judicial procedure are divided into the party-dominated system and the judge-dominated system. Among them, England \America and France belongs to the party-dominated system. Germany, Japan and Austria belong to the judge-dominated system. The two traditional pretrial systems have their advantages and disadvantages. To improve and enhance the efficiency of trial and concentrate on hearing cases are its advantages. However, because of the too...