Civil Court Building Program

Civil pretrial procedure is the beginning of the substantial trial the of people's court, it has important significance to the realization of the judicial justice and efficiency. A reasonable civil pretrial procedure is good to the two parties to exercise their litigation rights, and thereby guarantee the lawful rights and interests of the two parties and promote the realization of the judicial justice. At meanwhile, a scientific civil pretrial procedure can help to make the evidence and controversy of the case clear and fixed, thereby to ensure the trial to be carry on in smooth, it also make the two parties to comprehensive reorganize the evidences of the case and to rationally analysis the advantages and disadvantages of the case. It may promote the two parties to reach a pretrial settlement and promote the efficiency of lawsuit. However, in China, civil pretrial procedure is always neglected for long time by civil legislation, judicatory and even by the academic and theoretical research institute, which lead to China has not established a real sense pretrial procedure.This thesis starts from analyzing the concepts of civil pretrial procedure, and states the theory and system foundation of the pretrial procedure and its feature and value as well. Comparison analysis was adapted to introduce the respective features, differences and developing trends of the civil pretrial procedure between continental law countries and British & US law countries. The thesis emphatically analyzes the current legislation and judicial status of the civil pretrial procedure in China and thereby concluded the problems exist in the civil pretrial procedure of China and their causes. And finally, from the point of specific law system, the thesis puts forward several suggestions to the construction of the civil pretrial procedure in China. The first suggestion is to make it clear who the main part of the pretrial procedure is, which means to clear who the host of the pretrial procedure is, and thereby to improve the legal status of the parties. The second suggestion is to establish a system that if the defendant shall lose his litigious rights without rejoining timely. This could prevent the interest damaging of the plaintiff due to the defendant rights abuse. The third suggestion is to perfect the rules of evidence exchanging and the clarification system of Judges. The last suggestion is to introduce Alternative Dispute Resolution (ADR) into the traditional mediation system, and to establish a new form mediation system which is from the judicial practice and is with Chinese characteristics.