Reform And Improvement Of Pre - Trial Procedure Of Civil Litigation In China

The court procedure and the pre-court one were regulated in the China Civil Procedure Act. But the present legislation and judicial situation shows that the pre-court procedure is so dysfunctional that it can play no part in arranging proofs, fixing debating focuses and contributing to compromise. It leads in a certain degree to some problems that affect the realization of the procedure justice and efficiency. At the moment of the oncoming modification of the China Civil Procedure Act, the author tries to seek the reform and perfection of the pre-court procedure by analyzing the defects of the present pre-court procedure and integrating the foreign successful experience with the present situation in China.The first part is the values and function of the pre-court civil procedure. This part tells us the values and function of the pre-court procedure.The second part is the comparison that the pre-court preparation of the Two Legal System. This part tells us in details the legislation and judicial situation relating to the pre-court procedure of America and Britain typical of the Ame-Bri Legal System and of Germany and Japan typical of the Continent Legal System.The third part is the present legislation and judicial situation of the pre-court procedure in China. The author analyzes the problems and proposes the suggestion for reforms and perfection by introducing historical proceeding relating legislation and judicial situation of the pre-court preparation in China.The fourth part is the thoughts of perfection of the pre-court procedure in China. The author analyzes the necessity of reform and perfection, proposes some thoughts and identifies the problems that should be paid attention to during the course of reforming.