Research On The System Of Civil Pre-Court Meeting In China

In the Chinese civil litigation system,contents concerning the pretrial conference system are stipulated in<Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China>(Civil Procedure Law Interpretation hereinafter)issued in 2015.By now,Civil Procedure Law Interpretation has been implemented for over 3 years,but there is no more detailed provision about civil pretrial conference in judicial interpretations,so that problems concerning participants,starting modes,number of conferences to be held,unclear application scope and other aspects have occurred,and there are different provisions about the above problems in various documents concerning the pretrial conference system issued by local courts.Therefore,the present civil pretrial conference system of China is mainly composed of some framework judicial interpretations and local documents,which no doubt affects the further implementation of the civil pretrial conference system in China and makes the civil pretrial conference system "lawless" in response to the judicial responsibility system reform.Therefore,the civil pretrial conference system should be continuously filled with more contents and scientific design is required.Extracting patterns suitable for China's situation from foreign experience through comparison can be a path to perfection.At the same time,the provisions about the civil pretrial conference system scattered in documents issued by local courts in China now should be integrated.Subjects with the right to hold civil pretrial conferences,the applicable scope and the number of pretrial conference to be held should be further clarified in the Civil Procedure Law and related judicial interpretations.Thus,the civil pretrial conference system can function in the right way.