The Comparison Of Particularities In Pre-trials Between The Germany And France

In modern times, the pre-trial process has always been the focus of Judicial reform inforeign countries. Different types of pre-trial proceedings can make the case get filtered,or promote the parties reach a settlement, or make the case to be fully prepared before thehearing,then finally improve the efficiency of the trial.Our Civil Procedure Law doesnot require a separate pre-trial proceedings, the only pre-trial preparation "section there arealso such a strong sense of powers doctrine, the low level of participation of the parties,and other basic functions are not perfect.As a typical representative of the civil law countries, Germany and France havefar-reaching impact on the world. And during their processes of Judicial reform, Pre-trialprocedures had been constantly improved and refined. The reform of China’s pre-trialproceedings can not be separated from both the reference and the reference. By comparisonof the specific systems of the two countries, China should mainly be given theindependence of the pre-trial procedures, improve the level of participation by the parties.And the pre-trial proceedings system functions should be diversified. To improve thereform of pre-trial proceedings, we should based on our legislative judicial status,throughdifferent steps,such as establish the exchange of evidence and pretrial mediation system,and set the assistant of the judge pre-trial proceedings or other specific aspects.