Research On The Improvement Of Civil Pretrial Conference In China

Looking forward to today's civil procedure law,countries around the world are seeking solutions to “more cases andfewer people”contradictions,And China is no exception.Among them,The reform of civil pretrial procedure is the trend,Civil pretrial procedure is an important part of the whole civil procedure,It is an important foundation to construct the modern civil procedure structure centered on trial,Is also one of the important contents of civil litigation reform,Civil Pretrial Conference as the core link of civil pretrial procedure,is the most important of civil judicial reform.Civil Pretrial Conference has the functions of defining the focus of dispute and improving litigation efficiency,plays an important role in relieving the pressure of handling Court cases and relieving the litigant's complaint.Under the influence of new judicial ideas,Countries in the world pay more attention to the reform and perfection of Civil Pretrial Conference.In our country,scholars are paying attention to civil pretrial procedure,rarely refined to civil pretrial conference system,until amended the “Civil Procedure Law of the People's Republic of China”promulgated in 2012 and the interpretation of the Supreme People's Court on the application of thePeople's Republic of China civil litigation law promulgated in 2015 provisions of the civil pretrial conference system the civil pretrial conference system,it has aroused the attention of scholars,and actively respond to this system.Civil Pretrial Conference is participated by the judge and the parties(including lawyers)which held in the pretrial stage,to sort out the focus of controversy and evidence and promote the settlement of the case to some extent.Civil Pretrial Conference is an important and unique system of civil litigation,with functions of pretrial preparation and to end the case,it can improve the efficiency of litigation,save the litigation cost of the parties and the court's judicial resources.In our country to establish and perfect the Civil Pretrial Conference has a profound theoretical basis,it is a positive response to the value theory of civil litigation with the pursuit of fairness and efficiency,to safeguard rights and solve civil disputes,maintaining a positive social order of civil litigation purpose theory,and the response to the Coordination Litigation Mode.China's current Civil Pretrial Conference exists the subject,the scope of application,content and proceduresare not clear,In this paper,analyzes the development and operation mechanism of the Civil Pretrial Conference in representative countries and regions,combined with the results which local court to explore actively,This paper puts forward some suggestions on the perfection of Civil Pretrial Conference from the aspects of the subjects,scope of application,content and procedures,in order to improve Civil Pretrial Conference in China.