Study On The System Of Civil Litigation Pretrial Procedure Diversion

Our country is in the period of social transition,contradiction is in a rapid increase,The case number is on the rise,too.The court trial pressure increasing.To solve this problem is need to focused on how to make the limited judicial resources get reasonable configuration.we should treat different cases differently,to Make alternative litigation case in pre-trial,to reduce the number of cases into the trial,or in pre-trial to analyze and deconstruct cases,to speed up the efficiency of the trial.This requires us improve Civil litigation pretrial diversion system.Civil litigation pretrial diversion system,refers to in the present within the framework of civil action,Before the formal proceedings,The people’s court for the trial of cases of disputes solution,or Prepare for trial,The determination of accelerated the trial activities on the substantive issues,Reduce the pressure of the trial, to realize the case in civil litigation pretrial diversion,To promote social justice the maximization of the value of the utilization of resources and judicial efficiency optimization of a system.Its legal basis lies in theory of Application of typing,The application of fitment,Meet the procedure option of the parties.It also embodies the intrinsic value of the efficiency first with fairness,Promote harmony.Civil litigation pretrial diversion system Can solve the grassroots courts "less than the case of" trial pressure,To meet the needs of the masses of the popularization of judicature,Promote the construction of the society ruled by law.The legislation of our country began to pay attention to the role of In 2013 the implementation of the civil procedure law and the judicial interpretation of the civil procedure law implemented in 2015, have a regulation of the Civil litigation pretrial diversion system. For the implementation of the specific content of the civil case procedure division, Civil litigation pretrial diversion system has Four kinds of path,the first is proceedings for supervising and urging the clearance of debt,the second is conciliated procedurce,the third is The trial of ordinary procedure or summary procedure,the forth is Preparation before trial and pretrial conference.This article takes our country based on the provisions of article 133 of the civil procedure law, mainly from the civil trial value concept, concept and system of the shunt mechanism of civil pretrial diversion.Preliminary study on the china’s curret legal of civil litigation pretrial diversion system and the choice of the mode of,through to examine the foreign civil litigation pretrial diversion system, In order to pre-trial procedures for cases of several path triage system carries on the analysis to our country civil.