Before The Procedure Of Civil Trial

The reform of civil trial mode in our country caused the theoretical and practical circles pay attention to the pretrial procedure. Pre-trial procedures improve the trial efficiency, ensure the court judge quality, promote dispute solution as soon as possible, and reduce the cost of the parties to a dispute resolution through playing an important role in fixing evidence, sorting out issues and promoting reconciliation. The value of pretrial procedure is gradually known by people. Civil pretrial procedure in our country has long been neglected. There is no real civil pretrial procedure in the true sense. Based on the study of basic principle of pre-trial procedure, this paper discusses the concept, function and value target of pre-trial procedure. Through studying and researching pretrial procedure in typical countries of two law systems such as the United States, Britain, Germany, Japan and other countries, the composition of the civil pretrial procedure in our country was inspired. By investigating and analyzing the status quo of the civil pretrial procedure in our country, the idea of building the system of civil pretrial procedure in our country is proposed on the basis of using foreign judicial practice and research results. This paper mainly includes the following content:In the first chapter, the basic theory of civil litigation pretrial procedure was mainly studied. In this paper, the name of the pretrial procedure and concept was defined, and the functions and the value target of civil litigation pretrial procedure was discussed.In the second chapter, pretrial procedure in typical countries of two law systems such as the United States, Britain, Germany, Japan was investigated, the theoretical research situation and judicial practice achievements of the above-mentioned countries pretrial procedure was summarized in detail. Today’s global integration process accelerates, the operating model of civil pretrial procedure of various countries exhibits certain convergence. Studying the achievements of pretrial procedure of these countries has reference significance on the building of pretrial procedure in our country.In the third chapter, the legislative situation and (?) judicial practice situation of our current civil litigation pretrial procedure was arranged and investigated, and the disadvantages in the current pretrial procedures was pointed out. It provided direction for researching and building civil pretrial procedure in our country.The fourth chapter, which was based on the former three chapters, proposed the advice of the civil pretrial procedure in our country from two aspects, which includes improving the system of judge explaining, evidence collecting and exchanging, and the mechanism of cases shunting in the civil pretrial procedure, in order to build a reasonable and effective pretrial procedure, play the function of the pretrial procedure, improve the lawsuit efficiency and justice.