Study Of Civil Pre-trial Procedures

For many years, for most scholars, Preliminary hearing is a rather controversial system. Through a long history development, the Criminal Preliminary hearing system already had the quite mature pattern. However, the Civil Preliminary hearing system nearly never mentioned by the jurists in China. It is undeniable that the Preliminary hearing system plays a central role in civil procedure of many countries, and it is an important safeguard against ignore justice since it renders the process more transparent, efficiency and economic. It is said that, whether criminal or civil cases, nearly 92% of them are solved by pre-trial system in the United States.In recent years, Pretrial procedure has increasingly become an important and independent stage in civil procedure of China. As Preliminary hearing in pretrial is a subroutine procedure, whether Preliminary hearing system is reasonable affects justice and efficiency in civil cases, for this reason, the research is of great significance.This paper provides constructive opinions about the issue by analyzing purposes, values, situations and weakness of Preliminary hearing system and making references to foreign experiences.To achieve these aims, this paper have confirmed the meaning of Preliminary hearing system, which is mainly study the core contents of the Preliminary hearing system, defines the civil preliminary hearing procedure and summarizes the basic content and the development of the condition. Through analysis the basic concept, this paper discussed the value of its functional and theoretical basis in detail. For China's civil practice problems, this paper does not avoid, but through analysis the underlying causes reflection our lack , discusses the main condition at present, analyzes the conflict between the current basic rules and the issue of fact. Note that the civil Preliminary hearing system, mostly in the area of the legislation, it's not a tangible law, just a series of regulations in some area. At last, this paper points out the idea of change, and hopes to give the inspiration to the legislation in today's China.