The Improvement Of My Country's Civil Pre-trial Procedures From The Perspective Of The Trial Center

Trail centralism is the core content of China's civil trial reform.In order to avoid the meaningless trial,repeated sessions,inefficient trials,in this context,it is of great significance to perfect the framework structure of civil pretrial procedure to guarantee the concentration of trial.At present,the legislation does not provide for a complete pretrial procedure,but only provides for the pretrial preparation meeting,which only has a single preparatory function,serving the timely and effective conduct of the trial activities.However,with the explosion of the number of cases,the pressure on the courts has increased rapidly,it is in line with the law of modern civil litigation to set up pretrial procedures that are independent of the court proceedings and to play its role in resolving disputes and ensure the efficiency of litigation.On the study of pretrial procedure from the perspective of trial center,we first clarify the relationship between pretrial and trial procedure in traditional procedure.Based on this,Re-recognizing the relationship between pretrial procedures and trial procedures.The realization of the trial centralism requires that the pretrial procedure can promote the function of the parties to resolve disputes independently of the trial procedure,filter out some cases,meet the needs of the growing case,and also require pretrial procedures to fully play the preparation function and promote the centralized and efficient trial.The independence of pretrial procedure has been ignored by our country for a long time,but it is affirmed that the independence of pretrial procedure is of great significance to realize the substantive trial and complete the purpose of litigation,so it must be paid attention to in the improvement of the pretrial procedure.At the same time,we need to grasp the principles that should be adhered to improve the procedure and the choice of pretrial procedure litigation mode,and make clear the judge interpretation responsibility and the subjective position of the parties.The premise of perfecting the pretrial procedure is to straighten out the inadequacies of the pretrial procedure in China.From the two aspects of the defense procedure and the evidence collection,introducing the system of compulsory defendant's reply and compulsory lawyer's agency system,establishing pretrial procedure judge and perfecting pretrial mediation system.The perfection of legislation and the strict implementation in practice,the scientific and perfect pretrial procedure of civil litigation in China can be used.