The Study Of Pretrial Procedure Of Civil Litigation

Pretrial procedure of civil litigation or pretrial procedure, refers to the total of a series of litigation activities and the resulting relationship of courts, parties and other litigation participants in accordance with the legal order, manner and steps, occurring before the trial after the civil register. The pretrial procedure has the function of sorting out disputes, collecting and fixing evidence, resolving disputes and improving trial efficiency, therefore civil law and common law have made detailed provisions on it.The United Kingdom, one of common law countries, regards pretrial procedure as the core of civil proceedings. New English Civil Procedure Rules has made detailed provisions on the system of pleadings, discovery, registration trial and other aspects. United States Federal Rules provides that the pretrial procedure consists of the three basic stages of the system of pleadings, discovery and pretrial conference. From the provisions of common law on the pretrial procedure point of view, we should attach importance to the independent value of the pretrial procedure, fully respect the dominant position of the parties, avoid litigation surprise and improve the efficiency of litigation. The provisions on pretrial procedure of Germany, one of civil law countries, including the first date of the initial procedures, written preparation process; The provisions on pretrial procedure of Japan are gradually improved, and the New Civil Procedure Law of Japan amended in 1996 provides for the preparatory oral proceedings, debate preparation procedures,written procedures and so on. Overall, the purpose of setting pretrial procedure in civil law system is to improve the efficiency of litigation first, and secondly to prevent litigation surprise. It emphasizes respect for the leading role of the court in this process, the establishment of a perfect loss of rights system and the separation between trial judge and judge.The court trial in civil procedure of our country has always been the main body position and the core of the litigation procedure. However, the pretrial procedure is considered to be prepared for the court trial, and service for the timely and effective trial activities. As reflected in the legislation, the current Civil Procedure Law provides pretrial procedure in the preparatory stage before the court trial of the ordinary procedure, and other relevant judicial interpretations only make a loose provision for it. Through the comparison between China and foreign countries, the pretrial procedure of civil litigation in our country has the following defects:lack of independence of litigation pretrial procedure, absence of loss of rights system, imperfect system of evidence collection and exchange, unscientific procedure of dispute settlement and pre-conference system. Therefore, the author thinks that the countermeasures should be put forward. It is necessary to strengthen the independent status of pretrial procedure in our country, scientifically define the relationship between the pretrial procedure and the court trial in civil procedure, and put it into the single chapter of the Code of Civil Procedure, give full play to its function of settling disputes; to establish loss of rights system, refine the procedures of loss of rights system and remedies, widen the measures of evidence collection and the scope of evidence exchange, scientifically define the scope of application, the main body, the specific way, frequency, effectiveness of pre-conference system. Although the construction of pretrial procedure is only a part of the current judicial reform, but the perfection of pretrial procedures contribute to build and coordinate a diversified dispute resolution mechanism, increase efforts to resolve conflicts and disputes from the source, and effectively promote the development of a harmonious society.