On Our Civil Pre-trial Preparation Procedures Perfect

Seen from the structure of the litigious procedure, the civil procedure can be roughly divided into two stages: pretrial preparation and court trial. Because of the innate functions of pretrial preparation ( such as clarifying the controversial points and fixing evidence, prompting conciliation and resolving disputes to reduce litigation sources, controlling the speech debate of the parties concerned to concentrate the trial procedure ), it has effected great influences on the trial and the justice and efficiency goal the civil litigation has been pursuing. Constructing and perfecting the pretrial procedure has also become common topic of civil judicial reforms worldwide over the past 200 years. It's the recent experiences of the two-great-law-families to go through an andequate pretrial before the court opens, thus the originally marginalized preset procedure has been transformed into a procedural system interrelated and mutually independent with the court trial.In regard to the present condition of China's legislation, with the unceasing development of the reform and opening-up, and the establishment and betterment of marketing economy system, the appearance of the new economic and social relations, the number of civil conflicts is escalating, a great deal of civil and commercial disputes flood into the courts, the pretrial procedure is facing an increasingly strong challenge for its unfitness with the social situations. The fundamental flaws of the procedure result in concrete judicatory practice from "four steps to court " to " one step to court " deviant with, even opposed from its ingrained value. Firm transformation of judicial beliefs, reaffirmation of the function of pretrial procedure, and reform on irregulated norms, with the review of perfecting and making more scientific and reasonable our country's pretrial system, are one of the urgent tasks of civil trial method reform. This dissertation devided into five parts, and starting from the general theories of pretrial procedure, expound certain improvements on the procedure on the basis of comparing with foreign legislation and jurisdiction and concluding existent theoris and practices. A profound discussion is conducted on the...