Study On The Perfection Of China's Civil Pre-trial Conference System

Although China's civil pre-court meeting system has been formally established,the judicial interpretation is too principled to the system.Some local courts have formulated a series of detailed rules and operating procedures in order to enhance the operability of the system,and the provisions of the local courts are quite different.Taking Chengdu Intermediate Court,Changsha County Court,Shenzhen Nanshan District Court and Shenyang Intermediate Court as samples,the detailed rules of the pre-court meeting system are analyzed.It can be found that the specific operation of the civil pre-court meeting system varies from court to court in practice,and there are obvious differences in the procedure setting,content definition and binding effect of the pre-court meeting,and the implementation effect is also different in each court system.Taking the judicial documents retrieved from China's judicial documents online as a sample to investigate the application of the system in judicial practice,we can see from the data statistics that the application rate of the system is increasing year by year but the overall application rate is relatively low,and the reference to the pre-court meeting are all mentioned briefly in the documents,reflecting the effect of the pre-court meeting on the court hearing.Through the analysis of samples and data of judicial practice,it is not difficult to see that there are still many problems in the operation of the civil pretrial conference system in our country.Due to our misunderstanding of the nature of the pre-court meeting system,the application of the pre-court meeting system is extreme.To regard the pre-court meeting as a purely preparatory procedure,ignoring its independent value,will limit the function of the system;The activities in the pre-court meeting will be regarded as a kind of substantive trial behavior,which will expand the function of the system excessively and overhead the trial.Secondly,the system does not have unified and specific legal operation norms and guidelines,which leads to confusion in the procedure operation of the system in practice.The definition of the content is also very vague,and the lack of binding force of the system has greatly reduced the function of the system.In addition,the lack of support from the civil loss of power system and the inadequate protection of the parties'rights to collect evidence will inevitably affect the application effect of the system because the implementation of the pretrial conference system lacks other system support.On the basis of summing up practical experience,the system should be improved according to its practical difficulties.In order to perfect the system,we must first ensure to follow the three principles of court hearing as the center,protecting the litigant's litigation rights and maintaining the stability of the system.Secondly,in order to accurately grasp the system orientation of the pre-trial meeting,it is necessary to clarify the difference between the pre-trial meeting and other pre-trial procedures that only solve technical matters,as well as the boundary between the pre-trial meeting and the trial link that conducts the substantive trial of the case.Although the pre-court meeting serves the court hearing,it is self-sufficient to resolve disputes independently.Therefore,the activities in the pre-court meeting cannot be regarded as purely preparatory acts,nor can the task of the court hearing be excessively pre-set.Pre-court meeting is an independent and non-judicial link.Once again,in order to standardize the operation of the system,we should unify the specific procedures of the pre-court meeting to clarify the procedures and contents of the system,and we should give the pre-court meeting certain legal effect to ensure the effective implementation of the system.In addition,the pre-court meeting needs to be properly connected with other systems to ensure the integrity of the smooth operation of the system.If it can be bound by the rule of loss of right of reply,it can promote the parties to submit their opinions in time and actively participate in the pre-court meeting.With the support of evidence loss system,it can more effectively complete the task of sorting out evidence and summarizing the focus of disputes in the pre-trial meeting,thus improving the quality of the trial.In addition,strengthening the protection of the parties' right to obtain evidence is not only conducive to the opening of evidence in the pre-court meeting,but also can ensure that the court is in a neutral position in the proceedings.