The Conception Of Perfecting The Pre-court Conference System Of Civil Law In China

In 2015,the new pretrial conference system,from Article 224 and 225 of Judicial interpretation of the Supreme People's Court on the Civil Procedure Law of the People's Republic of China(short for Judicial Interpretation on the Civil Procedure Law in the following),responds to the concept of the centralized trial from the judicial reform.However,the principle of comparison,from the judicial interpretation of the pretrial conference system,is not easy to operate in judicial practice,therefore,it is necessary to improve the system from the theoretical and institutional level.In common law countries,a common feature of the procedure is that the first trial procedure can be divided into two major stages,the pretrial and the trial,which we can the importance of the pretrial.In our country,with the increasing number of court cases,the judge is under great pressure,so many of the pretrial procedures have been omitted and undermined,which have lost the value in the practice and caused a series of bad consequences,such as the interruption of the trial.As the most important core part of pretrial procedure,pretrial conference system plays an important role in realizing the value of pretrial procedure and ensuring the trial proceeding continuously,efficiently,justifiably and centrally.If the pretrial conference is not workable in the practice,the civil pretrial procedure in China may be completely determined again,so improve the pretrial conference system is a milepost on China's civil pretrial procedure reform,whose importance is self-evident.Based on the analysis of the present situation and existing problems of the civil pretrial conference system in our country,this paper draws lessons from the pre conference system of the two legal systems,and puts forward some suggestions for the improvement of the pretrial conference system in our country.Except the introduction and conclusion,this paper is divided into four parts:The first part is the summary of the civil pretrial conference system.This paper discusses the concept,the features of the pretrial conference,the relationship between the pretrial conference and the pretrial procedure,and the function of the pretrial conference system.The second part is to analyze the legislative and judicial status of our civil litigation pretrial conference implementation,and discuss the problems of China's civil pretrial conference in legislative and judicial practice to pave the improvement of China's civil pretrial conference system in the following.The third part is to comment the pretrial conference system of the typical countries in the two legal systems.This paper introduces the origin of the pretrial conference system,and discusses the function of the pretrial conference system,the operation mechanism of the pretrial conference and the problems existing in the pretrial conference in the USA.Finally,on the basis of the pretrial conference system of Germany and Japan in the typical countries of continental law system,the author puts forward the direction of reference.The fourth part focuses on the improvements of the civil pretrial conference system.This chapter is the core of the paper,and there are some improvements in many parts,such as the application range,the starting system,the number of opening,the participants of the pretrial conference system.On the basis of improving the number of pretrial conference and the combination with the contents of the pretrial conference and the relevant system,the author puts forward a concept,the two steps of the pretrial conference,and describes the specific litigation activities,the relationship of the litigation activities and other relating system and theoretical issues,which emphases the importance of interpretation right in the pretrial conference system and introduces the interpretation right system.