Research On Pretrial Conference

Pretrial conference system has been added in the new Amendment of Judicial interpretation of the Civil Procedure Law of our country recently, which is one the highlights in this amendment, and is of much significance to improve the efficiency of the litigation and the quality of the trials. Pretrial conference in civil procedure is a meeting held by the court before the commencement of trial with the two opposing parties, at which the two parties narrow the issues, evidence exchange, and take other steps to promote a fair and expeditious trial.The basic background of pretrial conference system is that our country is in such a period when the court begins to adopt the adversary system and weaken the influence of the judge’s authority of inquiry. The feature of the pretrial conference can be understood from two aspects. First, pretrial conference is a kind of pretrial preparatory produce, which concentrates on the preparation for the commencement of the trial. Second, pretrial conference is a pretrial dispute resolution system what end the litigation. Currently, there is a few amount provision of law about pretrial system and we need to analyze the procedure constitution of pretrial conference including starting mode, presider, participants, and validity etc. in order to make the judge can understand how to apply it. Meanwhile, the pretrial conference system has become a reality. We need to do some research about the actual situation of the pretrial conference system in justice practice. If we find some problems about the system from the statistical data, we have to analyze the reasons and use the experience of other countries like America, Japan and Germany for reference. At last, I will put forward to some supporting systems to guarantee the operation of the pretrial conference.