On The Improvement Of Civil Pretrial Procedure

Since modern times, various countries in the world improved procedural regime through the judicial reform, therefore pretrial procedure gains increasing attention. Pretrial procedure, which is significant in civil procedure, is a case before a trial court after of the floorboard of the related lawsuit behavior and activity. A well-established pretrial procedure could improve litigation efficiency and realizing fair justice. Pretrial procedure gained less attention in China, but theoretical and practical circles attach importance to it because of the judicial reform. Comparing the civil pretrial procedure of two representative countries and analyzing problems of our system, the author put forward a sound proposal based on the actual condition in China.The paper is divided into four parts:The first part overviews the definition argument; three functions of pretrial procedure:the clear point of contention, the collections of evidence and the promotion of the end of the case.The second part elaborates the actual condition of pretrial procedure in common and civil law countries for fear that we can get inspired.The third part includes situation of legislation, practical aspect, existing defects in pretrial procedure in China.The fourth part based on four ways of the pattern of pretrial procedure,the civil defense invalidity system, evidence-exchange and judge’s interpretation right, propose some proposals to perfect pretrial procedure.