On The Pretrial Conference System Of Civil Litigation In Our Country

The pre-trial conference,as an "imported product" introduced from the foreign civil system,is the entry point for the judicial reform of my country’s pre-trial procedure.It carries the handling of procedural matters,clarifies the litigation claims and defense opinions of the plaintiff and the defendant,and comprehensively displays,exchanges,and fixes Evidence,sorting out the facts of the case,summarizing the issues of the case,and conducting mediation can highlight the focus of the trial to a large extent,ensure the quality of the trial,improve the efficiency of the trial,and promote the smooth progress of litigation activities.However,since the establishment of the Interpretation of the Supreme People’s Court on the Application of the "Civil Procedure Law of the People’s Republic of China" in2015,this system has been facing an embarrassing situation in practice that assessment indicators are not adopted,judges are not active,and parties are unwilling.It is not helpful to solve problems that seriously affect the efficiency of litigation,such as repeated hearings and litigation raids.It is against this background that this article conducts an empirical investigation on the People’s Court of Honghuagang District,Zunyi City,analyzes the problems of the pre-trial conference system in the process of localization in my country from a small perspective,and puts forward corresponding suggestions for improvement.The main body of this article is divided into four parts.The first part mainly conducts an empirical investigation on the application status of the pretrial conference system of the Honghuagang District People ’s Court of Zunyi City,through data collection and combing,interviews with court staff,and a questionnaire survey of the parties and their litigation agents.Analyze the scope of application of the court’s pre-trial conference system,startup method,presiding officer,function played,and conference effectiveness.It directly reflects the current application of the system in the grassroots courts in underdeveloped areas.The second part is based on research data,abstracting out the problems of the Honghuagang District People’s Court of Zunyi City in applying pretrial conferences,including: the scope of application of pretrial conferences is not clear;the start method is single;the identity of the pre-trial conference host,Ability is questioned;the function of the pre-trial meeting is simplified;the legal effect of the pre-trial meeting needs to be resolved urgently;there is a lack of related supporting systems.In the third part,the author uses a comparative analysis method to analyze the similarities and differences between the two legal systems of the pretrial conference system,and then combines the legal environment of our country to clarify the models that can be adopted in the pretrial conference in our country,in order to better guide practice in the absence of law jobs.The fourth part is based on summarizing practical experience,investigating extraterritorial systems,and combining local realities,and making targeted suggestions for improvement based on the existing difficulties of the system.Specific suggestions include: refine the scope of application of pre-trial conferences;diversify the methods of starting pre-trial conferences;clarify the identity of the host of pretrial conferences;enrich the functions of pre-trial conferences;clarify the effectiveness of pre-trial conferences and improve the pre-trial conference supporting system.