Research On The Civil Pretrial Conference

The civil pretrial conference system,originally designed to guarantee procedural benefits of the party,approached to its end when the party turned to court hearing for further protection.A healthy civil pretrial conference system could not only protect procedural benefits of the party,and help the party keep track of the opposite party's recent situation and evidence obtained by the opposite party,but also direct the court hearing,diverge cases,and resolve conflicts based on evidence exchange and issue identification,so as to lift trial efficiency and save judicial resources.Under the great wave of the numerical limitation of judges and officials and case-filling register reform in recent years,the court faced an increasingly worsen situation that a limited number of judges and officials were burdened with abundant cases,and an urgent need to reconstruct the judicial proceedings.In Interpretations of the Civil Procedure Law of the People's Republic of China implemented from 2015,the civil pretrial conference system was specified in detail,which made this system renewed to public.However,resulting from unclear provisions and misunderstandings in the history,the civil pretrial conference system was not implemented properly and failed to be functional well.In this paper,the writer started with the history,implementation,and existing problems of the civil pretrial conference system in China,and drew on lessons from this system of America and Germany,so as to propose suggestions on perfecting this system in China.This paper was composed of five parts,excluding the introduction and conclusion.The first part introduced basic theories of the civil pretrial conference system.Starting with the civil litigation pattern of the pretrial preparation and court hearing,this part firstly explored the rationality of the pretrial conference that worked as special preparation procedure of the pretrial procedure.This part then proved that the civil pretrial conference perfectly balanced the value of correctness in civil litigation and efficiency value,based on the value of the civil pretrial conference.According to theproperty discussion of the pretrial conference,this part also testified that the civil pretrial conference was a mixed procedure featuring affair and substantive preparations,and that it included both procedural matters such as evidence exchange and substantial contents such as issue identification and conciliation.The second part described the research status of the civil pretrial conference system in China.Firstly,this part presented the legislative evolution of the civil pretrial conference system in China for a better understanding of its development track.Secondly,this part analyzed related laws and regulations,and contents worthy to be affirmed and conflicts in laws and regulations.Thirdly,this part conducted text analysis and horizontal comparison on the four rules currently in effect in China,and separately analyzed the director,range of application,and holding frequency stipulated for the civil pretrial conference in China,thus further pointed out implementation problems.At last,this part classified cases on China Judgements Online and analyzed related data of National Statistics Bureau.Based on this,this part concluded the rate,trial grade,and frequency of the civil pretrial conference system implemented in China,which paved the way for further analysis.Based on the above parts,this part further analyzed existing problems of the civil pretrial conference system limited by the judicial environment and its operability in practical applications.The third part drew lessons from the civil pretrial conference system of foreign countries.Comparing the civil pretrial conference system of America and Germany,this part firstly expounded differences on the history and operation mechanism of the civil pretrial conference systems of the two.Then,this part directed reference for China based on the comparative analysis on differences of this system in America and Germany and actual situation in China.The forth part mainly described suggestions on system construction.As the core of this thesis,this part focused on problems of the forth part,and combined the current situation of implementation of this situation and stuff allocation of Chinese court,thus accordingly gave suggestions on completing the civil pretrial conference system in China.Based on analyzing subroutines of the civil pretrial conference procedure,this part further discussed how this system could fit to the procedure,and then confirmed the director,range of application,holding time,and effect.The writer then gave recommendations for legislation improvement on account of the second part.