Research On The System Of Pretrial Conference In China

Under the influence of the global judicial reform and the new ideology,the litigation system in various countries pay more attention to the pretrial procedure.Improving the trial efficiency and promoting the centralization of trial have become the common pursuit of all countries.The precivil conference provides a platform for the parties to communicate with each other.Through this platform,the judge clarifies the claims and defense opinions of both parties and enhances the efficiency of litigation by collecting,exchanging and fixing evidences and summarizing the focus of disputes.The case management is enhanced to improve the quality of trial,Promote case reconciliation.Pretrial conferences are an important part of the civil pretrial proceedings.Our country's increase in the pretrial conference system in the Interpretation of the Civil Procedure Law of2015 is of great significance in improving the trial efficiency of our civil lawsuits and promoting centralized trials.The phenomenon of dissatisfaction with land and water appears on the surface and it is difficult to achieve the original intention of establishing the system.This article is divided into four parts in addition to the introduction and conclusion.The first part is the theoretical analysis of the precourt conference system.In Anglo-American law countries,the pretrial conference,as an independent pretrial procedure,has the same importance as the trial procedure.The general trend of the judicial reform in the world before the pretrial conference is defined,and through the analysis of the two major goals,the necessity for the development of the pretrial conference system in China is clarified.The specific content includes the historical background and functional analysis of the pretrial conference.The historical background is the origin of the pretrial conference system,the introduction of the historical development of the precourt conference system in China,and the pretrial conference system to promote centralized trials,achieve procedural equality,litigation fairness,and improvement.Auditing efficiency and functional analysis of enhanced case management.The second part is the practice inspection of the precourt conference in China.First of all,through the survey of the questionnaire survey,statistics are made on the basic conditions and practical application of the pretrial conference system in China.Secondly,the adoption of the pretrial conference system that responds to the national policy is more typical and follows the pace of the times.The regulated regions,based on the application of the same system indifferent regions,summarized the development of the pretrial conference in China at the current stage so as to identify problems and analyze them.The third part is the comparative analysis of the pretrial conference system.Among them,the system of pretrial conferences in the Anglo-American legal system countries is well-developed.The first pretrial conference and the last pretrial conference system in the United States are the examples of pretrial preparation procedures after the judicial reform in the United Kingdom;the civil law countries are A brief introduction to Japan's roundtable model and Germany's Stuttgart model;and finally,summarizing the institutional differences and similarities between the two major legal systems.Through the analysis and development of the pre-family conference system in the Anglo-American legal system countries and the civil law countries,and through the analysis of outstanding experience from the outside world,we have summarized the implications for improving the pretrial conference system in China.The fourth part of the system of precourt conference system in China is perfect.By drawing lessons from the successful experience from outside the country and the problems existing in the practice of the pre-conference system in our country,we conclude that the present system of the Chinese pretrial conference is flawed in legislation and practice,and give corresponding suggestions for improvement.First of all,the legislation needs to be analyzed and proposed from five perspectives: the diversification of the starting method,the clearness of the meeting host,the specification of the operation mode,the establishment of the scope of application conditions,and the clearness of legal effects.Then,in conjunction with the improvement of supporting measures,it mainly discusses the improvement of the laws and regulations regarding the absence of power from the evidence,the use of the right to interpret the judges,and the improvement of the judge's assistant system to make it relevant to the present stage of our country's civil Precourt conferences work together to maximize the role of precourt conferences.