On The Civil Pre-trial Procedure

Civil pretrial procedure,as a relatively independent procedure with the trial procedure,is set before the trial procedure and has independent existence value.Scientific and reasonable setting of civil pretrial procedure can improve the efficiency of court hearing,ensure the quality of court judgment,solve disputes ahead of time,and improve the overall utilization of judicial resources.The common law system and civil law system countries have corresponding provisions on this procedure,and the provisions of their civil pretrial procedures are relatively perfect.By contrast,most of our civil pretrial procedures are only the preparatory stage of the court proceedings,which are attached to the court proceedings,and do not regard them as an independent procedure.Our civil pretrial procedures still need to be further developed.Starting from the basic meaning of civil pretrial procedure,this paper makes a detailed analysis of the concept,characteristics and unique functions of civil pretrial procedure,and then carefully studies the relatively perfect civil pretrial procedure abroad at present,points out the shortcomings of this procedure in our country by means of comparative analysis.At the same time,combining with the current judicial environment of our country,it puts forward a perfect scheme,mainly from the system of reply.The four aspects of degree,evidence collection and exchange,procedural independence and pre-trial mediation are analyzed and discussed,and finally a civil pre-trial procedure conforming to China's national conditions is established.