The Necessity and Perfection of China’s Pretrial Procedure in Civil Litigation
Journal Title: Scholars Journal of Arts, Humanities and Social Sciences - Year 2017, Vol 5, Issue 3
Abstract
In current China, the judicial reform is under way and pretrial procedure is getting its due status as an independent procedure. However, the lag nature of legal system put some obstructions and difficulties in front of the reform. Thus the choice and design of pretrial procedure will influence the realization of the purpose of civil litigation. At present, the concept of all disputes should be centrally resolved on a trial is prevalent in China’s civil litigation. With the increasing disputes in China, this kind of notion can be an obstruction of solving those conflicts to some extent. Also, paying close attention to the trial diminutively is not beneficial to saving judicial resources. To improve China’s judicial efficiency from the root, we have to establish and perfect pretrial procedure, in which a portion of disputes can be settled. Even if there is no good results,the arrangement of focuses of disputes and evidences can be full preparation for the subsequent trial. The establishment of the pretrial procedure is one part of the reform of civil procedure, and the important basement of structure of modern civil procedure, which focus on the trail. Keywords: pretrial procedure, compulsory defense system, evidence disclosure procedure, judicial efficiency, court trial.
Authors and Affiliations
Dun Xuemei
Keywords
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