On The Improvement Of Civil Pretrial Procedure

A civil litigation pretrial procedure is a case before a trial court after of the floorboard of the related lawsuit behavior and activity. Including according to the law to allow the parties to clarify the case facts and submit the evidence to support their respective claims, or before the trial under won the approval of the parties to the case mediation, or directly by pretrial procedure end case, end the dispute. Pretrial procedure is also the beginning of the actual processing, the people’s court case for case can get a fair trial and the parties will equal its protected by law, the significance of scientific and reasonable pretrial procedure can guarantee the litigious rights of the litigants to use its own maintenance to protect their own rights and interests; Help the case before the formal trial will be able to make the case clear, evidence exchange, and summarized the argument on both sides, which can promote the smooth progress of the trial; Helps provide easy matters litigants environment through dialogue and exchanges to find the best way to eliminate contradictions; However, due to the pre-trial procedures in our country don’t like trial procedure attaches great importance to by the parties, have long been forgotten by the theoretical circle of law, though they have focused on in recent years, but the pretrial procedure in China or not in law the provisions of the real, only on the preparing work before trial related regulations, and the content of the stipulation that too much emphasis on the administrative functions and powers but ignore the role of the litigants in the pretrial procedure. procedure and the key role, we need to put our pre-trial procedure design more reasonable and complete. This paper, on the whole, is through the summary of pretrial procedure theory knowledge and comprehensive analysis, introduce the developing progress of pre-trial procedures in our country at present, in the developed countries for its combination of different understanding and practice, this paper compares and analyzes in view of the pretrial procedure in our country should be how to develop and perfect puts forward some Suggestions to perfect.This paper is divided into five parts, the first part introduces the overview of pretrial proceedings, including the concept of civil pretrial procedure, features, functionality and value, describes the current situation of civil pretrial procedures and problems; first the second part focuses on how to improve the independence of the civil pretrial procedure, including the independence of the theoretical analysis of pre-trial proceedings, before the program and strengthening the independence of the legislative reference independence of pre-trial procedures specific recommendations for trial abroad; the third part discusses primarily through our existing practice patterns and trial subjects abroad pretrial procedure to select the subject of the trial’s pre-trial procedures, and to make specific recommendations to improve; part IV describes the main thing is to set up a pre-trial conference in the country system, and proposed pre-trial conference how the trial system in China before the program specific operations; fifth part describes how to improve our mechanisms for pretrial diversion program case, I hope to make the case by conducting pre-trial diversion program has been in pre-trial proceedings or the end of the corresponding reference also analyzes the case of foreign specific pretrial diversion system, although the increase in the new Code of Civil Procedure in terms of pre-trial diversion cases, But is too broad, specific how to operate in the judicial practice is not refined, is still need to be studied and perfected. Hope that through this article puts forward the related Suggestions to the fundamental value of procedures before trial in civil procedure, and can help to improve the efficiency of social dispute resolution, reducing the judicial cost of dispute resolution, so that the further development and improvement of civil pretrial procedure in China.