Research On Several Problems In Pretrial Procedure Of Civil Litigation

In recent years,Western developed countries have generally paid more and more attention to the development and improvement of pre-trial procedures,and set them as an independent procedure in the field of civil litigation.As a part of the civil procedure,the civil procedure pretrial procedure also plays a huge role in the litigation activities in China.It can not only lay a solid foundation for the smooth progress of the trial procedure,but also play a role in solving disputes in a timely manner and ending the case.However,the civil procedure law and judicial interpretation only stipulate the term “pre-trial preparation”,which shows that China does not attach great importance to the pre-trial procedures in legislation.With the enhancement of citizens' legal literacy,they are paying more and more attention to the protection of their legitimate rights and interests.Therefore,many citizens now choose to protect their rights through legal channels when their legitimate rights and interests are violated.However,because of the relative shortage of judicial resources in our country,Often the litigation efficiency and the quality of the referee are affected.Furthermore,through its current name “Preparation before trial”,we can also see that the pre-trial procedure relies on the ordinary court proceedings,which makes it impossible to fully reflect the independence value of the pre-trial procedure.The function of independent dispute resolution and termination of cases is limited,so it is necessary to make the program more reasonable and perfect.In view of this,the thesis analyzes the current status of legislation and the status quo of judicial practice in China based on the analysis of the theoretical knowledge of pre-trial procedures,and then summarizes the shortcomings of China's current stage,and then adopts relevant systems in western developed countries.The investigation summed up the beneficial enlightenment to China.Finally,based on the experience of western developed countries,combined with China's current national conditions,it puts forward suggestions for the improvement of the pre-trial procedures of civil litigation in China.