On Our The Civil Pretrial Point Of Contention Perfect Finishing Procedures

The point of contention in civil pre-trial procedures finishing system is to organize and the activities of a fixed point of contention in the pre-trial proceedings in civil litigation, as well as a center, plus other ancillary provisions, they together constitute a complete set of system. The main function of the pre-trial point of contention finishing system is trial by finishing with a fixed point of contention focus on efficient, fair, or disputes in front of the court.The point of contention in the Civil Pretrial Procedure finishing system, the main representative of the two legal systems of the world countries have different legislation and practice, but also contains the same ideas and trends. In contrast, the current situation of China's a lot of missing the point of contention finishing in civil pre-trial of this system in our country did not effectively exist and play its due role.Thus, based on the adversary-based, supplemented by the terms of reference, taking into account the fairness and efficiency as well as based on their own to learn from foreign experience guiding principles, China should improve reasonable civil pre-trial proceedings in contention point finishing system. At the same time, but also provides for the implementation of appropriate supporting systems to ensure the integrity of the system point of dispute order and to protect the system can be effectively applicable in judicial practice.In this article, the theory with practice and research methods and comparative analysis of research methods were used. First, we study the basic theory of the point of contention finishing process, analysis of the shortcomings and the reasons for our legislative and judicial practice. Furthermore, the system of the main representative of the civil law and common law countries were compared and analyzed. Finally, combined with China's national conditions and made recommendations for the improvement of the system.The structure of this article, in addition to the introduction and conclusion, the body part has more than40,000words, divided into four chapters:In the first part introduces the basic theory of the point of contention finishing process, its basic connotation, constitute the relationship between the elements as well as with other relevant programs, in order to lay the research and improve the related system;In the second part, the Foreign Investigation of point of contention finishing process. Comparative Study on the Two representative national program, the foreign point of contention, finishing the program to analyze and compare in order to grasp the basic context of the program is running, provide inspiration and reference for improving the finishing process of the point of contention before the Civil Trial; In the third section, the status quo of China in the finishing process of the point of dispute legislation and practice, analysis of China's shortcomings in the point of contention finishing process and specific reasons, the right remedy, to facilitate the design of our country is more reasonable procedure;In the fourth section, on the basis of previous studies, the specific building programs and supporting systems have been clearly put forward used to improve the finishing process of the point of contention before the Civil Trial.