On The Reform Of China's Civil Litigation Pre-trial Proceedings

The aim of civil litigation procedure to achieve is justice and efficiency which all the relevant systems must be corresponding to. Acting is guided by thinking. We must thoroughly understand the justice and efficiency, that is, they are relative, there are no absolute justice and absolute high efficiency for they somewhat depend on the understanding of the individuals. So justice and efficiency under the controlling of law are reasonable and can be understood accepted by the public. The procedure before court, being a part of civil litigation procedure, shouldn't be considered as appendage to the procedure at court, they are equally important. But the rules about the procedure before court in our civil litigation procedure law are too simple. In recent years, with the deep reforming of lawsuit procedure and evidence rules, these rules in advance conflict with the civil procedure law, and the judicial organs and do nothing with these conflict. So reconstructing Chinese distinctive procedure before court is very important in perfecting the civil process rules to achieve justice and efficiency. The procedure before court must pay attention to the two points: first, let the persons concerned know the losing rights in replying to prevent them taking a passive attitude or delaying replying. Second, the judicial organs which have explains rights must exactly and clearly guide the persons concerned to prevent them losing rights with no real mind to ensure the justice. Through the procedure before court, we can first estimate the complicacy of the case to take the correct procedure. Second, the persons concerned have the chance to exchange their opinions equally to have the possibilities to withdraw their accusations. Third, the reformation of procedure before court provides a turning point in the reforming of judicial laws of the court, such as, to set judges in procedure before court to enhance the professional and essential staff of judges; to define the command of the chief of the court in the procedure before court to divide administrative and judicial authority to avoid the interference.