On Our Civil Procedure Remodeling, Pre-trial Proceedings

In many foreign countries, the civil pretrial procedure plays an important part in the civil litigation law. It refers to a series of preparatory work from accepting and hearing a case to opening a court session taken by the court. It carries the basic function of arranging and fixing the dispute point, making preparation in the aspect of evidence and lessening the case for hearing. It's of great value and significance in guaranteeing social justice and promoting judicial efficiency, so that it has been worth a lot of attention. Many countries have contributed to the perfection of the procedure so as to make it adaptable to the development of the society. However, the civil pretrial procedure is not an independent procedure in the civil litigation law of our country. It's just a stage of common procedure, and called preparation before trial. In Fact, from the original intention of the legislators ,it's on the basis of guaranteeing the quality of court hearing and improving judicial efficiency to stipulate the pretrial procedure. But, in practice, since the stipulation of the law is too simple and rough as well as for the backward thinking of the lawmakers, the civil pretrial procedure is just superficial and neglected by people, becoming a mere formality. It fails to protect the rights of the litigants as well as expected, even leads to great waste of the judicial resources, let alone realize justice and efficiency in trial. In that background, some people even propose to abolish the preparation before trial and carry out "direct hearing1'. Obviously, that's retrogression and groundless.This paper probes into its connotation and foundation of legal principle, analyzes and compares several foreign civil litigation laws, then, by using the experience of other countries for reference and with regard to the condition of our country, the author puts forward his own idea of how to reconstruct the pretrial procedure in our country.