美国民事审前程序中值得借鉴的几个问题（Some problems worthy of reference in the civil pretrial procedure of the United States）.docVIP

美国民事审前程序中值得借鉴的几个问题（Some problems worthy of reference in the civil pretrial procedure of the United States） Some problems worthy of reference in the civil pretrial procedure of the United States At present, Chinas ongoing reform of the civil trial way, understanding other national civil justice system and a comparative study, to perfect our civil trial system, will certainly have a certain reference value. This paper intends to make a few comparisons and comments on the problems involved in the pretrial procedure of the United States, so as to attract the attention of our counterparts and readers. According to the U.S. Federal District Court Civil Procedure Rules (hereinafter referred to as the federal rules of civil procedure) Regulations (Note: the United States Federal District Court rules of civil procedure, a total of 11 chapters 86, the United States Federal District Court rules of civil procedure and the federal rules of evidence is the main rules of procedure. The federal court system on the basis of the trial of civil cases) Before the trial, the American civil procedure consists of two main stages: pleading procedure and discovery of evidence. I. procedure for pleading The so-called pleading refers to the court before the trial of the case, the court accepted the case, the parties exchanged pleadings and pleadings of proceedings. As far as the whole procedure is concerned, the pleading procedure is the procedure that the court accepts the action of the litigant so as to make the lawsuit begin. Federal civil procedure rules third States: civil action begins when the plaintiff submits the complaint to the court.. When a party submits a complaint to the court, the court clerk issues a summons and the plaintiff direct the complaint to the defendant. In addition to the basic circumstances of the party and the court of appeal, the plaintiffs pleadings shall also record the following contents: 1., the courts jurisdiction and its legal basis must be briefly stated.