Research On Prepositional Procedure Of Civil Litigation

Civil litigation with strict complex procedures has not only problems like the high cost,low efficiency,but can not completely resolve the dispute,or fully adapt to all types of disputes drawbacks.Prepositional procedure of civil litigation is completely different from civil pretrial procedure,and it can function well along with civil procedure.Prepositional procedure is the desirable Alternative Dispute Resolution and can be mandatory set before the civil procedure,which can satisfy the specific nature of the case to improve processing efficiency,and make people apply Alternative Dispute Resolution actively.The way that civil procedure and Alternative Dispute Resolution function together reflects the need of the times,which can resolve the disputes appropriate as well as reduce the pressure of the court.Although the prepositional procedure requires that parties’ requests should comply with the court’s additional conditions,which is the limitation of litigious right and detriments the rights to request the referee,but this limitation is to achieve more urgent goals,and it is the necessary cost for making up the defects of stiff proceedings.Moreover,the applicable scope of the prepositional procedure is limited,only certain types of disputes shall apply it.The meaning of prepositional procedure is presented in this paper,and the existing problems of the prepositional procedure in our country,as well as the method to improving prepositional procedure are pointed out on the basis of analyzing prepositional procedure of the relevant countries and regions outside mainland.The article is composed of preface,text and epilogue,the text is divided into five parts:The first part,“introduction to prepositional procedure of civil litigation”.This part is the general overview of the prepositional procedure.The meaning and characteristics of prepositional procedure are used to define the procedure,which are required to go through before civil litigation.So it has the characteristics of the mandatory and preposition.Furthermore,the limited scope of application indicates that prepositional procedure has legality.With exploring prepositional procedure,civil pretrial procedure,and the relationship between the rights of claim the referee one by one,the connotation of the prepositional procedure can be more understandable.The second part,“Set the necessity and feasibility of prepositional procedure of civil litigation”.This part analyzes the necessity and feasibility of litigation prepositional procedure setting,to verify the legitimacy of its configuration.The necessity of its setting is considered under two aspects: a single action method with inherent defects and lawsuit prepositional procedure with certain realistic demands.For the feasibility,respectively from the aspects of theory and practice to analyze the setting of prepositional procedure to demonstrate its theoretical basis and practical basis.The third part,“the present situation and problems of the prepositional procedure of civil litigation”.The prepositional procedure is mainly reflected in the labor dispute arbitration and securities misrepresentation disputes of administrative penalties and criminal sanctions in China.Along with the development of society and economy,the pre procedures play important roles as well as presenting a lot of problems.Based on the brief introduction of the dispute of the two preceding procedures,the problems of each procedure are analyzed explicitly,which reveals the lack of the existing civil prepositional procedures.The fourth part,“extraterritorial research to prepositional procedure of civil litigation”.This part mainly examines the British pre-procedure protocols,Germany pre-procedure compulsory mediation,Japanese pre-mediation,and pre-procedure compulsory mediation system in Taiwan.According to elaborate of the extraterritorial the prepositional procedure,the prepositional procedures of different causes,different kinds,different ways to set and different ways of punishment for not following the procedure are given explicitly in the essay,thus revealing the goals and the development direction of prepositional procedure in other countries (regions).The fifth part,“the reform idea of prepositional procedure of civil litigation”.First of all,from the overall,reform proposals are put forward on the prepositional procedure of the way that litigation modes are set: prepositional procedures should be set according to a narrow sense of law,as well as allow the parties to set it freely with accordance to the regulation.Then aiming at the shortcomings of the existing prepositional procedure in our country,put forward specific reform proposals: for labor dispute,apply mediation as prepositional procedure instead of arbitration.For securities misrepresentation dispute,lowering the proof standard of administrative punishment,and expanding the scope of the file.