The Pretrial Procedure Of Civil Litigation In The Context Of The Case-filing Registration System

The case-filing registration system has solved the prosecution difficulties of civil litigation caused by the severe prosecution conditions imposed by the case-filing review system,and at the same time it has also brought to the courts about the continuous increase of civil cases with severe pressure.Under such circumstances,it's necessary to seek a reasonable and effective way to ensure that civil lawsuits are conducted fairly and impartially,and to improve the efficiency of civil lawsuits.Pretrial procedure in civil litigation,between the case-filing procedure and the trail procedure that all of the them complement and independent of each other,exist as an independent procedure and play an important role in settling disputes and realizing the diversion and termination of cases.Nowadays,whether it is civil law or common law,the establishment of an independent pretrial procedure system has become an inevitable trend.However,in China,the pretrial procedure of civil litigation still lacks independence and does not form a complete system,so there are some limitations of the function of the pretrial procedure.Judging from the international trends and the current situation in China,it is necessary to establish a pretrial procedure in civil litigation that is scientific and reasonable and corresponds to the current actual needs and situation.Pretrial procedure in civil litigation have several outstanding features,namely,the independence of the procedure,the certainty of practice,the pluralism of the subject and the necessity of its occurrence.Its functions are mainly divided into three categories,namely,to collect and fix evidence,organize difficult disputes,deal with and resolve disputes.The pretrial procedure in China's civil procedure law and related judicial interpretations all refer to as "pretrial preparation," and its provisions are fragmented and not detailed enough.In the development of judicial practice,the pretrial procedure has also gone through four stages of development.With the establishment of the case-filing registration system,the number of civil lawsuits are increase,the pretrial procedure must face even greater pressure.At present,the main problems existing in the pretrial procedure of civil litigation are its lack of independent value,inadequate procedures of appeal and reply,incomplete of judge's assistant system,failure to give full play to the function of pretrial procedures,irregular in the evidence change system and inadequate pretrial meeting system.There are some problems in pretrial procedure of civil litigation in China.The regulation of pretrial procedure of civil law system and common law system countries can provide somereference.In the pretrial procedure,the two major legal systems represent more and more emphasis on the status and role of the parties,and attach importance to the dispute resolution function of the pretrial procedure.The provisions of the two legal systems on the losing the right to defense and its consequences also have great enlightenment.Based on the status quo and the advanced foreign experience,civil pretrial procedure should be improved from the following aspects and gradually establish a mature system: First,the civil pretrial procedure should be independent,so that pretrial procedures can solves the dispute of self-sufficiency in civil litigation.Secondly,it is to realize the separation between the pretrial procedure judge and the trial judge,clarify the main functions of the pretrial procedure judge,and complete the judge's assistant system to improve the efficiency of litigation procedure.Thirdly,Build an interactive appeal procedure to improve the pertinence of the subsequent litigation activities through the prosecution of the plaintiff and the defense of the defendant and the interaction between the parties,establishing the system of loss of defense in the civil lawsuits defense.Fourth,standardize the evidence disclosure system to protect the rights of the parties to investigate and collect evidence.Fifth,strengthen the pretrial procedure Improve the pretrial mediation system and the parties' reconciliation system and establish a diversified dispute resolution mechanism.