Improvement Of The System Of Civil Pretrial Meeting

Whether at the beginning of the reform of the pre-trial procedure in the 1980s and 1990s or at the present time when we advocate the separation of complicated and simple procedures,once the people file a lawsuit,they have no more than two wishes.Second,we hope that the case will be concluded as soon as possible to reduce the negative impact of litigation.The same goes for courts,especially in today's world of "too many cases and too few cases" and the number of cases increases exponentially.How to effectively and qualitatively settle cases with limited judicial resources has become an endless focus.Civil pretrial conference(hereinafter referred to as "pretrial conference"),as an important link in the civil procedure,originated from the civil procedure rules of the United States,and has been widely applied and developed in the two major legal system countries since then,and has always been the focus of law revision and innovation in various countries.Under the wave of the judicial system reform,to cope with the new 2012 paragraph 4 of article 133 of the civil procedure law,promulgated in 2015 the supreme people's court on the applicable" the explanation of the<law of the People's Republic of China civil procedure law>(hereinafter referred to as the "law of the people v.explanation")in clear form of convened sessions before the court before the trial,and specifies the main content of the court before the meeting,to mark the civil trial has for many years before the court session was established formally in our country.The introduction of this system and the intensive management of all important pretrial procedures through meetings will be of great benefit to solving the problems of low trial quality and efficiency caused by insufficient pretrial preparation and frequent repeated trial in China's practice.At the beginning of the system set up,however,problems,based on practical investigation and research,for example,in applicable to system such as the nature of the unknown,"debate and invalid",lack of unified standard,content,rough,and no basis of trial conversion,the view of such problems as lack of corresponding mechanism and extraterritorial experience for reference,and practise in the matter,suit the re:medy to the case,a bold idea is as follows,in order to solve the imperfect in legislation,in the practice of polarised,individual district court for the effect not beautiful situation:The first is to clarify the nature of pretrial meetings and to set them in motion.Secondly,three approaches are proposed to solve the problem of"discussion without effect",such as clarifying dispute points and evidence functions,learning from the form of pretrial order in the United States,and establishing the system of loss of power of pretrial conference-type cases conditionally.Third,the establishment of uniform application standards,including:the combination of mandatory and arbitrary provisions to determine the scope of application of pretrial meet:ings;Put forward at the present stage to improve the trial judge and judge assistance mode,how to transition to the future pretrial judge mode of the program.Stipulate the time,place and frequency of pre-trial meetings.Fourth,enrich the content of the pre-trial meeting,such as the access to the parties'right to know,the way of service and convening of the pre-trial meeting,the absorption and withdrawal system,the definition of the parties'violation of the responsibility of the pre-trial meeting and the standardization of the judge's behavior.Fifth,the pre-trial meetings and trial procedures of the conversion.Sixth,the supporting mechanism of pre-trial meeting should be improved,such as improving the procedure of appeal and reply,reducing the resistance of parties to collect evidence,proposing to:improve the evidence exchange system by establishing"pre-trial conference-type evidence exchange system",and establishing the applicable mechanism to stimulate the court.