Pre-trial Procedures In United States And Its Enlightenments

Currently, China has achieved a lot in research of Pre-trial procedures. The important aspect of research is the introduction and analysis of the Pre-trial procedures in United States. Despite the detailed effort, there are defects of the research because of the large difference between the two law families and between the different detailed in Chinese and US legal system.Firstly, the idea of the US Pre-trial procedures is not comprehensive. The scholars believe there are three aspects: Pleading, Discovery and Pre-trail Conference. They overlooked the Dispositive Motions. Secondly, the research on each of the aspects are scattered, there is not research from the large perspective, and not insight ideas about the principle behind the procedures. Such as not understanding about Cause of Action and Prima Facie Case, and not analysis about how the procedures really promote settlement, though there are obscure feeling about the settlement promoting function. Thirdly, the cite reference are defective. Except for Federal material, no state material was cited; except for Rules, no case was cited.Thus, this thesis will do a comprehensive research on Pre-trial procedures in United States. Firstly, this Thesis discusses the concept, assignment and function of Pre-trial procedures. Secondly, the content of Pre-trial procedures in United States is introduced. Thirdly, this thesis analyses and reviews the underlying principles of Pre-trial procedures in United States. And finally, this thesis remarked the enlightenments of Pre-trial procedures in United States.