完善民事诉讼审前准备程序之初探

IMPROVEMENT OF THE EX-PREPARATION PROCEDURE OF CIVIL LAW SUIT

庭审形式化是当前民事审判方式改革力图克服的现象。本文试图从审前程序入手,对审前准备程序的含义、特征、建立审前准备程序的必要性以及完善审前准备程序的具体构想等问题。作一些粗浅的探讨,以期能为庭审的顺利进行创造条件。

The formalization is such a phenomenon of court judgment as the current reform of civil judgment methods tries to be overcome. All levels of people's court attempt to search for a treatment to cure this phenomenon by emphasizing the importance of offering, inquiring, and acknowledging the evidence in the court. However, if the ex_preparation procedure is ignored, the above treatment and the establishment of the relevant system in the court will be hard to be realized. We have made some studies for creating conditions for the smooth proceeding of the court judgment.