On The Perfection Of China's Civil Procedure Before Trial

In this article, there are four parts in all. In the first part, the author mainly introduces the functions of pretrial process, which can be classified into two classes: the preparing function and independent function. The former function is to collect as many documents as they can and, to fix the issue in dispute and to avoid surprise. And the latter is to independently settle cases in the pretrial process. The traditional study of pretrial process mainly focuses its attention on the former function. While in this article, we will make detail analyses on the latter.The independent function of pretrial process originates from the independency and sufficiency of process. And this function can reflect three kinds of values: (1) the cost and the benefit of litigation are suitable; (2) the creditor's right and trade order based on the credit and honor can be protected; and (3) the requirements of due process can be realized and the parties' right of choosing processes. Then, the author sums up the reasons why cases could be filtered in the pretrial process, which are: (1) the judgment made in the trial can not be the best choice of the two parties; (2) the high cost of trial also makes people look for other ways of settling cases; (3) if cases can be settled in the pretrial process, the enforcement process can be simplified; (4) the lack of case filter in the pretrial process leads to serious results in practice; and (5) to set case filter in the pretrial process can help to form the harmonious society.In the second part of the article, the author mainly introduces the case filter of pretrial process in foreign countries. Firstly, the author introduces the summary judgment and interlocutory judgment, which are set to filter the procedural issue from the material issue and help to concentrate the trial. Secondly, the author continues to introduce default system and withdraw of requirements. Then the author introduces the settlement made in the pretrial process. Finally, the author sums up the characteristics of the pretrial case filter in foreign countries from five sides.In the third part of this article, the author sums up present situation of relative content in our civil pretrial process. Firstly, the author introduces the statutes and judicial interpretations on pretrial process. Secondly, the author introduces the...