Research On The Substantialization Of Pretrial Procedure In Civil Litigation

With the progress of society,the development of the times and the changes in people's values,many countries have also begun to improve the litigation system through judicial reform.Pre-trial procedures have also received more and more attention,it becomes the choice of most countries.Upon analyzing the defects in our civil litigation pre-trial procedure and with reference to the serviceable experience of Anglo-American law system and Civil law system,the author tries to improve our pretrial procedure which would comply with our country's current situation and the law environment,improve the efficiency of our civil litigation.The contents includes:In the first part,this paper discusses the nature,concept,system function and value target of the pre-trial procedure of civil litigation.The author points out that pre-trial procedures should reflect its independent value in the name and plays the role of collecting and fixing evidence,sorting out disputes and promoting reconciliation.In addition to various functions,the pre-trial proceedings of civil litigation not only have the goal of achieving fairness and efficiency,but also the goal of law value.In this article,the author analyzes the dilemma and development direction of the substantive pre-trial proceedings of civil litigation.In the second part,this paper analyzes the legislative status and judicial overview of the pre-trial procedure of civil litigation in China.Through the analysis of relevant laws and judicial practice,the author analyzes the problems and proposes feasible solutions.In the third part,the author made a compare for the detail stipulations of the Civil System with the Anglo-American System.The author points out the advantages and disadvantages of pretrial procedure between two system after analyzing the sameness and difference of it.In the fourth part,the author clarified the choice of China's pre-trial mode which is based on China's conditions and judicial practice,combined with the advanced experience of other countries.And the author put forward its own ideas and suggestions for the substantiation of the pretrial procedure of civil litigation from many aspects: the independence value of pre-trial procedures,the normative control mechanism for the exchange of evidence,the establishment of independent Pre-trial judges,and so on.