On Preparation Procedures, Civil Trial

In recent years, as our state gradually approach the procedure justice, civil litigation pretrial procedures become one of the key point in our reform of civil trial method. Upon analyzing the legislation weak points and defects in our civil litigation pretrial procedure and with reference to the successful experience of Anglo-American law system, the author tries to construct our pretrial procedure which would comply with our country's current situation and the law environment, improve the efficiency of our civil litigation, and safeguard substantive law justice through actualizing procedure law justice.The article describes in detail its theory of constructing our civil litigation pretrial procedure, which is considering our current situation and the law environment. It is based on the theoretic of the pretrial procedure, with the practices in the same field of other countries, and the contents includes:The first part describes the conception and character of civil litigation pretrial procedure, with its nature, effect, and the value. The author states the principle of independent of the pretrial procedure; compares and analyzes it with trial procedure from its functions and trial format. Civil litigation pretrial procedure has not only the function of fixing the disputes and evidences; promoting the mediation of the plaintiff and defendant, but also dividing the simple and the complexity cases, helping to enhance the efficiency of trial procedure.The second part emphasizes to compare the detail stipulations of the Civil System with the Anglo-American System. The article describes American's claim and answer procedure and discovery procedure of civil pretrial procedure in Anglo-American System and the relate specifications of German, French and Japan in Civil System; points out the advantages and disadvantages of pretrial procedure between two system after analyzing the sameness and difference of it.The third part explains the current status and the weak points of our civil litigation pretrial procedure. After analyzing the statements of preparation and evidence exchanging in Civil Litigation Law and the stipulations of evidences, we could find out the deficiencies of our current laws in the pretrial preparation, such as: - No identifying of the pretrial and trial judge; short of the system of losing rights without answer by defendant; Faultiness in discovery procedures; No setting the independent pretrial procedure; and so on.The forth part is bringing forward the idea to improve our civil litigation pretrial procedure. For the present existing problems, we should let our pretrial procedure under the principle of independent, and learn more about the successful experience from other countries. We should set up the system of the assistant judge; the system of losing rights without answer by defendant; the system of pretrial mediation, and improve the system of discovery procedure, in order to let our whole procedure to meet the requests of our country current situation and civil law's environment.