A Research Of Civil Pretrial Procedure

Since the 1980 s of last century,with the civil trial reform as a starting point,the reform of civil trial in China has gradually developed into an important part of China's judicial system reform.With the deepening of the reform,civil pre-trial procedures gradually show its important role in the trial reform.This paper takes the litigation model as the starting point and analyzes the concept,function and concentration of the dual litigation model from the perspective of the dual litigation model,and analyzes the relationship between the dual litigation model and the pre-trial procedure.The author analyzes the existing problems of civil pre-trial procedure and puts forward the general direction of civil pre-trial procedure reform in China,and then puts forward the establishment of pre-trial procedure which suits the national conditions of our country and can guarantee the binary litigation pattern.The article is divided into four parts,the first part is the introduction.Mainly introduces the research background and other related issues.The second chapter is the dual litigation model and civil pretrial procedure.By introducing the dualistic litigation model and the civil pre-trial procedure,the civil pre-trial procedure can guarantees the dualistic litigation mode.The third chapter is the problem of the pre-trial procedure and the reform direction.This paper puts forward the general direction of China's pre-trial procedure reform,that is,setting unified presiding officers,enhancing the participation of the parties,strengthening the connection between the pretrial procedure and the trial,and enhancing the operability of the procedure.The fourth chapter is the specific system construction of the civil pretrial procedure.In view of the problems and the reform direction of the current civil pre-trial procedure,the author analyzes the defendant's defense,the evidence exchange system,the standardization of pre-court meetings and the construction of the pre-trial case diversion mechanism under the background of the binary litigation pattern.This article mainly uses the methods of comparative analysis,historical analysis and empirical analysis to analyze the shortcomings of the civil pre-trial procedure,put forward the civil pre-trial procedure construction scheme under the background of the binary litigation pattern,hoping to make a difference to the future civil pretrial procedure.