Perfect. On China's Civil Litigation Pre-trial Proceedings

In China, the function of the pretrial procedure of civil procedure is traditionally defined as preparation for court trial to make law case suitable for trial. Undoubtedly preparation for court trial is one of the most important functions of the pretrial procedure .But as the pretrial procedure of civil procedure; it has another function—contributing to early revolution of disputes. One-sided concern of function of preparation for court trial often easily to make the pretrial procedure become dependency of court trial procedure, and this kind of instrumental concept often easily to cover concern sight of the pretrial procedure promoting early function of solving disputes. Therefore to strengthen concern of promoting early function of solving disputes, while concerning the function of preparation for court trial.In view of the fact that elaboration of function of preparation for court trial already is so many and the viewpoint already tended to be-mature. Based on view of promoting early solving disputes of the pretrial procedure, this article makes a preliminary discussion of the pretrial procedure from five aspects. The first part analyzed briefly major function of the pretrial procedure. An important task of the pretrial procedure prepares for the case achieving degree which is suitable for trial. In the term of this view, the pretrial procedure is attached to the court trial in the certain degree; therefore, we can define pretrial preparation as the attached function. But as a kind of procedure, the pretrial procedure is able to use allocation of own resources in the great degree to cause the case be solved before turning over to court trial, which is function of promoting solving disputes early. From the view of realization goal of solving disputes, its function of promoting solving disputes early may be called the independent function.The second part will elaborate mainly the necessity of strengthening function of promoting solving disputes early. In order to reduce litigation cost, enhance litigation efficiency, face increasing pressure of lawsuit explosion since the late twentieth century, meet the demands of diversified dispute settlement mechanism resulting from diversification of interest and value in the transitional period, it is necessary to perfect civil procedure by making pretrial procedure independent from court procedure and hinging its functions of dispute settlement and various...