On Construction Of China 'Pretrial Proceedings

Civil pretrial procedure is an important content of the civil justice reform. The independent of pretrial procedure from the hearing procedure itself is also in line with the modern civil litigation. Civil pretrial procedure is an independent procedure which the interested parties and the courts complete the collection and exchange of evidence, the consolidation and confirmation of the focus of controversy, facilitate a settlement and prepare for the trial after the file and before holding the hearing. So the key function of pretrial procedure is to clarify the focus of controversy, fix evidence and promote reconciliation. In china, although some provisions about pretrial preparation is prescribed in the law, because the pretrial function is not clearly understood, the provisions are rough and the pretrial preparation acts only as a preparation for the trial. The complete and independent pretrial procedures are not established yet.The full text is divided into four parts:The first part outlines the civil pretrial procedure, defines the pretrial procedure and the relationship between pretrial procedures and hearing procedure. It also analyzes the main function and value of pretrial procedure.The second part analyzes the present situation of pretrial procedure in china. Mainly through the analysis of the provisions of pretrial procedures in Civil Procedure Law and Rules of Evidence and its development process, current situation and existing problems of civil pretrial procedure in China is concluded. The third part sums up the similarities and differences between the pretrial procedures in America and Germany through introducing and comparing. Through comparing and analyzing, it concludes the inspiration of reform of pretrial procedures in our country.The fourth part put forward the idea of constructing the independent pretrial procedures according to using the advanced experience and system in foreign countries for reference. It constructs the mode choice of civil pretrial procedure and designs the pretrial system from four aspects:pleading, evidence exchange, sorting out controversy and the diversification of the dispute settlement mechanism.