A Study Of The Aufkaugsrech Of Civil PRE-Trial Procedure

The aufkaungsrech of civil pre-trial procedure can let the parties inpretrial preparative phase will have a chance to properly propose attackand defense method, avoiding unnecessary evidence, thus proposedlabor-saving and spending, reduced the burden, realized the court trial toenrich and accelerate litigation process. Therefore, because of thefunctional advantages above of the aufkaungsrech of civil pre-trialprocedure, continental law focused mainly on the stages of the oralargument before,but now have gradually started to attach importance tothe preparation stage before trial, and the aufkaungsrech are reinforced aswell. However, the study of our country civil procedure law still focuseson introducing the relevant system and theoretical level of the continentallaw system, has not noticed the development of contemporary continentallaw system. In addition, from the current our country's legislation practice,the aufkaungsrech is taken expressly and seriously on the judicialinterpretation of"the several provisions of the civil litigation evidence",which is formulated by the supreme court from the December of 2001. Sofar only has seven or eight years. The aufkaungsrech is still far from perfect system, resulting to Judges often confined to served Litigationdocument material such as the notice of acceptance and accuse, the noticeand direction of proof as well as litigation risk note in the practice,especially in pretrial preparative stage, They does not necessarily throwlight on the contents of the proof direction and litigation risk note ,alsodoes not expound relevant legal provisions. The case is that it shouldneed to clarify that they have not expounded; it has not to clarify but theydo it yet. Therefore, under the background of the current reform of ourcountry civil trial way, the study of the aufkaungsrech of civil pre-trialprocedure has theoretical and practical significance.The paper firstly analyzed the connotation of the civil pretrialprocedure and the aufkaungsrech , and then demonstrated the necessityand legitimacy of civil pretrial procedure as the theoretical basis,respectively from the historical evolution of the civil litigation modetransformation and the essence of the equality, program participation andimproving of lawsuit efficiency. On top of this, firstly demonstrated theprinciple, execution, subject, object, method, content and dividing line ofthe aufkaungsrech, and then gave a detailed analysis to pretrial procedureof the judge cohabitancy activities, and put forward several opinions andsuggestions for improving the cohabitancy system ,as reference forour country's civil lawsuit legislation and judicial.