| The pretrial conference is an important component of the pretrial preparation procedure in civil litigation,carrying out functions such as evidence exchange,mediation,and summarizing the focus of disputes,as well as the litigation value objective of maximizing litigation efficiency while ensuring justice.The "Civil Procedure Law" of China does not provide for pretrial conferences,but the "Interpretation of the Supreme People’s Court on the Application of the<Civil Procedure Law>"(Judicial Interpretation[2015] No.5)issued on January 30,2015,and implemented on February 4,2015,first provided for pretrial conferences(the provisions regarding pretrial conferences in the "Interpretation of the Supreme People’s Court on the Application of the <Civil Procedure Law>" [Judicial Interpretation(2022)No.11] are still in force).It not only clearly stipulates that people’s courts can organize evidence exchange and convene pretrial conferences after the deadline for defense,but also specifies the content of pretrial conferences.The "Opinions of the Supreme People’s Court on Further Promoting the Optimization of Judicial Resource Allocation by Separating Complex from Simple Cases"(Judicial Letter [2016] No.21)issued on September 12,2016 further clarified the function and constraints of China’s pretrial conference system in civil litigation.The above legal interpretations provide the most basic basis for the establishment of China’s pretrial conference system in civil litigation.However,although courts across the country have carried out beneficial explorations and practices during the implementation process and have achieved certain results,years of judicial practice have also shown that the functions of the current pretrial conference system have not been fully exerted,and the problems exposed cannot be ignored.It has become imperative to improve China’s pretrial conference system in civil litigation.Based on the discussion of the basic theoretical issues of pretrial conferences in civil litigation,this article uses research methods such as comparative research,empirical research,and literature analysis,taking the People’s Court of H County in P city as a blueprint,to analyze the problems existing in China’s pretrial conference system in civil litigation from both legislative and practical perspectives.Furthermore,through comparative legal resea. |
