Study On Pretrial Conference In Pretrial Procedure

In the society nowadays, both the Anglo-American legal system and Continental legalsystem are carrying through the civil justice reformation so that the speed of settlement canmeet the rapid growth of the civil cases. It is so in the legal system in our country, especiallyin reforming the procedure of pretrial conference. In the mid1980s, the core of revolution inour legal system is to strengthen the function of trial and the litigant’s burden of proof, and toperfect the procedure of pretrial conference is just the essential element of strengthening thefunction of trial. Only in this way can we solve the problem in improving the efficiency andfunction of trial. The basic thread of this article is as follows: first, eliminating the definitionand historic development of pretrial conference; second, in order to illustrate the function ofpretrial conference in the whole legal system, the other procedures related to the pretrialconference will be displayed; third, the influence of establishing the pretrial conference willbe discussed, together with the analysis on its academic and practical meaning; last, the authorwill give out his personal suggestion and point of view based on the actual condition.Besides the preface, the conclusion, the article divides into four chapters:The first chapter introduces the definition of the pretrial conference and someconceptions involved and summarizes the historic evolution, perfection and function indifferent ages.The second chapter reveals the manipulation system of pretrial conference in USA,introducing the significance and the whole procedure of pretrial conference in USA, includingstating, replying, demonstrating of evidence, etc. This section characterizes the function ofpretrial conference both in the beginning and the establishing stage. It includes the firstconference, sequential conference and the ultimate conference.The third chapter describes the status and role of the various entities in the pre-trialconference program.The fourth chapter discusses the practical meaning and the prospect of pretrialconference in China from the academic and practical aspects. Some examples are given todemonstrate the great prospect and function of the new pretrial conference.And describes theconcrete course of conceiving pretrial conference in China, including setting up the concreteprocedure of pretrial conference reasonably, defining the applicable range of pretrial conference, discussing the preliminary judge issue, establishing the conception ofadministrative judge. Author’s personal suggestion and view point are also comprised in thissection.The essentialness and hardship in the long term are again stressed in the conclusionfollowed by the value and influence of reforming the pretrial conference in the end.