On Our Civil Procedure Construction Of Pre-trial Proceedings

Pretrial procedure is a relatively independent procedure in the civil litigation, a reasonable pretrial procedure contributes to evidence of putting in order, regulars to fight for a bit and promotes full play, conciliation of function before examining, guarantees the prerequisite that the court's trial carries on smoothly.This article analyses the importance and construes the condition of pretrial procedure, and consequently makes some suggestions on how to build civil pretrial procedure of China on the basis of studying and using for reference the advanced theoretical achievement and successful litigation experience.This article involves four parts.Part 1 is the summary of pretrial procedure, which mainly introduces and analyses the concept of pretrial procedure, the functions of pretrial procedure, the characters of pretrial procedure and the value of the pretrial procedure.Part 2 is the comparative research of pretrial procedure. In this section, the author listed separately pretrial procedure of several countries belong to civil law or common law system and compare with our country's litigation condition.Part 3 is the rationality and the necessity of the construction of pretrial procedure in China. In this part, the author indicated the insufficiency and the direction of the development of pretrial procedure. Furthermore, the author expatiated that why a substantive, self-contained pretrial procedure should be set up in Chinese civil procedure system and the rationalities of this standpoint.Part 4 is the design of the system construction of pretrial procedure in China. In this part, the author made some suggestions on the construction of pretrial procedure with four key systems: the losing of the right of plea, the evidence exchanging, the paraphrase by the judge, and the Alternative Dispute Resolution.