Study On Sorting Out The Dispute Points In Pretrial Procedure Of Civil Action

The pretrial procedure of civil action was initially run in the relevant countries of the common law system.With the development of human social science and civilization,as well as the change of people’s values,the pretrial procedure has been gradually absorbed by all countries and further developed and perfected by all countries.In China,the main goal of the operation of pretrial procedure in civil litigation is to make the focus of dispute between the litigants more clear and prominent,so that the trial can be more effective around the dispute points for the relevant evidence investigation activities,so as to effectively improve the efficiency of litigation.However,in terms of the content of China’s civil legislation,there are some deficiencies in the provisions of pre-trial procedure,which only stipulates "preparation before trial",leading to many scholars’ different opinions on the definition of civil pre-trial procedure,and the differences of discussion opinions also hinder the operation of the procedure in judicial practice.How to perfect the civil pre-trial procedure,so that it can give full play to the procedural value,to ensure the efficient,fair and orderly development of litigation activities,is the focus of theoretical and practical circles.This paper is composed of four parts: the introduction,the overview of the pretrial procedure of civil litigation,the investigation and reference of the relevant provisions of the pretrial procedure of foreign civil litigation,and the suggestions on improving the pretrial procedure of civil litigation in China.In the introduction,the author firstly makes a brief analysis and summary of the relevant problems in sorting out the dispute points of the civil pretrial procedure,and discusses the significance of the research on the pretrial procedure,indicating that the relevant research on the pretrial procedure in this paper is valuable and in line with the needs of judicial reform.In this paper,the first chapter,first of all,the nature of civil litigation pretrial procedure,the paper analyzed the concept and function,due to no legislation on civil litigation pretrial procedure this definition make clear a regulation,cause scholars to its name and concept,there is a general debate on the basis of comprehensive analysis of the numerous scholars have different opinions,put forward the more relevant to the definition of civil pretrial procedure.Secondly,the paper analyzes the function and value of civil pretrial procedure,once again,together with the present situation of civil litigation legislation and judicial practice,summed up the current related questions still exist in the pretrial procedure,including litigation document delivery difficulties,loss of the defendant reply restriction system,pre-trial evidence collection system is imperfect,imperfect pretrial evidence exchange system and the court before the meeting system is not sound.After that,the author focuses on the analysis and research of the related causes of the problem of sorting out the points of contention in the pretrial procedure of civil litigation,mainly from the perspective of historical causes and realistic causes.First of all,in terms of historical causes,after the founding of the new China,China’s civil trial mode has been constantly judicial exploration,and various modes have certain drawbacks.Secondly,in terms of real cause,our country civil procedure law and judicial interpretation for the rules of the civil pretrial procedure has certain loopholes and shortcomings,and there is no court judicial practice in our country,in accordance with the authority form of socialism,our country court problems too expansion of power,"the judge the functions and powers doctrine mode" in the judicial practice and judicial properties dislocation behaviors exist.In the second chapter,the author selects the relevant legislative rules of civil pretrial procedure in the common law system and the civil law system.Based on this,the author summarizes and compares the relevant provisions of civil pretrial procedure in the common law system and the civil law system,and discusses the more appropriate path of civil pretrial procedure in China.Finally,the paper in the judicial practice in our country under the premise of the specific situation,refer to countries outside of the related regulations,for the further development of our country civil pretrial procedure related system put forward the concrete opinions,including clear the subject position of the parties,to ensure that the judge implementation of litigation rights,improve the service system,compulsory defense system,specification of the application of evidence collection and exchange system and perfect court system before the meeting.