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Reconstruction of the Pre-trail Procedure of Civil Litigation

Author: HePing
Tutor: ZuoWeiMin
School: Sichuan University
Course: Procedural Law
Keywords: civil litigation pretrial procedure supposition of reform
CLC: D925.1
Type: Master's thesis
Year: 2004
Downloads: 97
Quote: 0
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Abstract


The pretrial procedure is a process after the court hears and accepts cases. In the pretrial procedure, the court arranges the evidence and fixes the issues. The structure and the operation of the pretrial procedure is linked to fairness and efficiency of the civil trial.Through the development of the two legal systems, we can see that they both take the pretrial procedure more and more seriously, and they have absorbed the advantages from each other. So they have more and more things in common in the pretrial procedure.However, the pretrial procedure has been neglected for a long time in China. In 2001, the Supreme People’ s Court promulgated some regulations about the pretrial procedure in the stipulation of evidence in civil process. But it is too simplified to follow. Courts below have done some experiments about the pretrial procedure and have gained experience, but there are still a lot of problems because the explorations are lack of theory and institution. So it is necessary to reconstruct the pretrial procedure.The first part of this paper is about the value and necessity of the pretrial procedure. The second part is a contrast between the common law system and the civil law system, mainly about America, Germany and Japan. The third part is an analysis and an evaluation of the pretrial procedure in China. The last part is the concrete suppositions of the pretrial procedure reform.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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