The Pretrial Procedure Of Civil Litigation

Civil pretrial procedure is to occur before the trial after t the civil register, the parties in order to provide a fair chance, so that both parties can fully exercise their litigation rights, promote the centralized trial, and improve the efficiency of the trial proceedings at the same time. China has not yet established civil pretrial procedure, but according to the current status quo of China’s judicial practice, the legal consciousness of citizens generally improve rights through legal means, the growing number of cases, the court has also come to more and more the accumulation. At the same time, the judicial resources has always been scarce resources, set up to improve the efficiency of civil litigation pretrial procedure imminent. Therefore, the author through the study of civil procedure of common law and civil law countries pretrial procedure, at the same time to the current judicial environment system as the foundation, to exercise in the right protection of citizens, safeguard judicial justice under the premise, put forward construction of China’s civil litigation program idea, to improve the efficiency of litigation, reduce the burden of justice, pretrial litigation to promote reconciliation.This paper is divided into four parts:The first part is an overview of civil pretrial procedure, basic theory first introduced the civil pretrial procedure. The three functions in the basic theory, including the concept of civil litigation pretrial procedure and civil litigation pretrial procedure. Three values are clear point of contention, fixed evidence and alternative dispute resolution and other functions.The second part the author examines the foreign civil pretrial procedure, and in the United Kingdom and the American in Anglo American law system as an example, the continental law system in Germany and France as an example, compares the differences of the two legal systems, in general is based on the Anglo American adversary model of criminal procedure, the main subject of litigation to promote civil pretrial procedure the parties, the judge presided over the courts and just play guiding role; civil law inquisitorial system, evidence of the parties to the present, the case is mainly composed of judges to make judgment, pretrial process mainly by the judge to promote.The third part is the analysis of the current situation of China’s civil procedure. Analysis of the status quo mainly from the legislative and judicial practice of two for China’s current situation of pretrial analysis.The fourth part puts forward the thoughts of constructing the pretrial procedure of civil litigation in our country. Civil pretrial procedure is composed of a series of pretrial procedure activities. This paper mainly from the construction of pretrial pleading and the construction of civil pretrial evidence exchange program is discussed in two aspects of civil litigation.