The Research And Reference Of Foreign Civil Pretrial Collecting Proof Proceeding

Before the litigation is raised, any interested parties can use the pretrial proceedings to protect their rights. Pretrial proceedings,legal proceedings and enforcement proceedings are all essential to the parties to settle the dispute. Except the temporary relieving systems which are provided by our country's law, pretrial collecting proof proceeding is one of the most important pretrial proceedings in other countries.From a vision of proof collection, I put all of the pretrial proceedings which have the function of collecting proof together and named civil pretrial collecting proof proceeding to research. In Modern society, Litigation explosion and Modern-type action appear are the reasons of why foreign countries producing civil pretrial collecting proof proceeding. And further, there are because the multiple dispute settlement mechanisms are more and more important in every country, expecting the court to resolve the dispute outside the trial.I focus on the pretrial system of German,Japan,England and America which are the representatives of the world's two legal system. Research the Settings, reform background, function, significance and theoretical basis of the civil pretrial collecting proof proceeding, and try to answer four questions about this system.And then, I analyze our country's civil pretrial evidence preservation and the practical operation of the case of Intellectual property rights. At last, I research the necessity of introduction the pretrial collecting proof proceeding and select the suitable sample, proposing the recommendations of how to setting the system.