| Now the preliminary question in civil litigation is not the preliminary question in international private law. It has existed independently early before the link of civil litigation that be related to. It possesses a great importance of resolution to the determination, process and even the result of the next irregular means of civil litigation. It involves to every field of the case investigation, the first instance, the second instance, the reopening of a case, the implemental procedure and the procedure of no litigation. It has as well as the problem of process and the entity, as well as the problem apply to the law, and the problem of discovering the authentic, as well as the problem of that be responsible for and the problem of administer, as well as the problem of autonomy of the private right and the adjudication of judicature, as well as the element of the law and of the society. From a different point of view, the preliminary question in civil litigation has many different kinds, etc. It possesses a great importance of researching the preliminary question in civil litigation。The condition of the treatment to the preliminary question in civil litigation is badly in disorder, and all accomplish to the single problem lonely, and accomplish to the single case lonely. They have not be integrated closely to each other:the fact and the law, the situation as a whole and the partial profit, the abstract justice and the justice of the substance, the justice of the society and the justice of the individual, the effect of the law and of the society. Sum up all the reasons, resolving the preliminary question in civil litigation, it has to dependent on the horizontal discretion of a state, a area, be ruled by law, and be dependent on the strong and weak of the realization to be ruled by law, what is more in the condition of the balance about the political force, and the struggle condition of the right in determinant, between every stratum of all the society.
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