China Civil Procedure Pretrial Detention

Pretrial Procedure is one of important parts of Civil Procedure. It has independent and subsidiary function such as Civil Dispute Settling, Evidence Exchanging, Bone of Contention Arranging. Pretrial Procedure is the guarantee for Justice and efficency of Civil Procedure.These years, the study in this region is becoming a focus, with some confusion on the concept. This article begins with clarifying the concept and some important theroies, then makes a comparison between foreign countries and China, in order to find a way for building ideal Pretrial Procedure in China.For this purpose, these preparation are indispensable: The comprehension to the Pretrial Procedure Theory, the consultancy to the foreign advanced Pretrial Procedure and the inspection to the Chinese actuality. The research of this article is base on those.This article includes four chapters.Chapter 1 is the Summary. In this part, firstly the author distinguishes concepts of Pretrial Preparing Phase, Pretrial Preparing Procedure and Pretrial Procedure. Then the author analyzes the function and value of Pretrial Procedure with the emphasis on the independent function, the mode of Pretrial Procedure and the relation between Pretrial Procedure and Trial Procedure.Chapter 2 is the Analysis of the Chinese Actuality and the Necessity of the Construction of Ideal Pretrial Procedure in China. In this part, the author introduces the development of Chinese Pretrial Preparing Phase, the current legal regulations in this area and the disadvantage of Chinese Pretrial Preparing Phase, pointing out that there has't been real Pretrial Procedure in our country. Then, the author analyzes the necessity of the construction of Pretrial Procedure in China.Chapter 3 is the Consultancy to the Foreign Advanced Pretrial Procedure. The author researches the structure and the independent function of Pretrial Procedure in U.S.A, UK, France , Germany and Japan. On this foundation, the author summarizes what we can learn from foreign advanced Pretrial Procedure.Chapter 4 is the part of Resolution, Setting Forth the Conception of the Construction of Pretrial Procedure in China. Firstly, the author discusses the principle. Secondly is some concrete conception including: building independent court of Pretrial Procedure, establishing systemic meditative institution, executing the Losing of the Right of Plea, emphasizing the Judge Interpretation, modifying and implementing the law, etc. At last, the author summarizes the fundamental structure of Chinese Pretrial Procedure.