Research On The System Of Pretrial Procedure Division In China

At present,China is in the period of social transition,the rapid economic development,social contradictions have become increasingly prominent,resulting in a large increase in the current judicial field,judicial disputes with the growing phenomenon.And judicial resources,especially the limited court personnel,greatly increased the pressure of litigation,increased the burden of judicial trial.At the same time,part of the judicial process is more cumbersome,resulting in a lot of judicial disputes can not be resolved in time,intensified the contradiction,increased the cost of safeguarding the legitimate rights of the people,some judicial mechanism malpractice exposed in the litigation process.Therefore,there is also a need for alternative dispute resolution mechanisms that can replace trials.The mechanism of the pre-trial procedure of civil litigation is the perfect embodiment of the reform of the post system.In the practice of the reform of the judicial system,we should carry out the simple and complicated diversion of the cases,so that we can better deal with the numerous cases and sharp contradictions.Through a series of diversion of the case,a great share of the court's litigation pressure,but also to achieve the parties litigation purposes.Moreover,the concentration and focus of pre-trial proceedings on the issues at issue,as well as the collection and collection of evidence,ensure that the proceedings are more efficient and rapid,as well as promoting equal and fair dialogue between the parties to the dispute.In one fell swoop multiple,most of the time is to complete the function and task of the proceedings,at the same time for the simple and simple diversionIn this paper,the civil proceedings in pre-trial procedures for the streaming system in detail.Firstly,it starts from the related concepts and jurisprudence of the civil procedure pretrial procedure,and then discusses the pre-trial diversion system of civil cases in detail.The main purpose is to provide further reference for the judicial reform so as to play a role in the case.Reduction and optimization,as far as possible before the trial to resolve conflicts,and ultimately improve our pre-shunting mechanism.In the paper,the present situation and problems in our country are analyzed in detail,and then some contrastive analysis are given with reference to the two foreign law systems.And the main path countermeasure and design of pre-trial diversion system are given,including path analysis,basic principle and system innovation.The main strategy is to continue to perfect the system of the interpretation of the judge,and then build a mandatory system of our trial,and finally through reconsideration and relief procedures to reconstruct the proceedings.Finally,a number of supporting the improvement of the system,including the withdrawal of the system,self-recognition system and other supporting measures.Through the comprehensive and detailed research in this paper,the paper analyzes the bottleneck and short-board of the pre-trial procedure reform in our country,faces the contradiction and the challenge,adopts the new policy,implements the new measure,makes the judicial reform directs the goal,realizes accurate docking,accurate force.