On Pretrial Preliminary Procedure In Civil Litigation

The pretrial preliminary procedure is a process after the court hears and accept cases. In the pretrial preliminary procedure, the court arranges the evidence and fixes the issues. The structures and the operation of the pretrial procedure is linked to fairness and efficiency of the civil trial. From the developing direction in the whole world,we can see they both take the pretrial preliminary procedure more and more seriously, so they have more and more things in common in the pretrial preliminary procedure.However, the pretrial preliminary procedure has been neglected for a long time In China. In 2001, the Supreme People's Court promulgated some regulations about the pretrial preliminary procedure in the stipulation of evidence in civil process.But it is too simplified to follow.Courts below have done some experiments about the pretrial procedure and have gained experience, but there are still a lot of problems because the explorations are lack of theory and institution. So it is necessary to reconstruct the pretrial preliminary procedure. The pretrial preliminary procedure, the necessary procedure during the period from the acceptance of a case by the judge to the time just before trial,is the procedure that that is exchange claim and evidence in order to make it case to arrange them with the participating of trial,so it can be appropriate for court trial.The paper analyses the meaning of pretrial preliminary procedure, and demonstrates its value and function and clarifies the importance of study on pretrial preliminary procedure. The third chapter analyses legislation and judicature about pretrial preliminary procedure of our country, points out shortcoming and necessity of redesigning pretrial preliminary procedure in our country.The forth chapter analyses to restructure pretrial preliminary procedure in civil litigation in detail.