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随着我国民事审判方式改革的全面推进,审前准备程序的重要性越来越为人们所认识,对其基础理论的研究也颇受关注。事实上,在民事诉讼程序的发展过程中,各国在审前准备这一制度上尽管略有差异,但是对于这一制度的一致肯定以及趋同化的选择却也是不争的事实。那么,究竟是什么导致了在完全不同的法律背景下能有如此相近的制度选择呢?本文以比较法为视角,希望在两大法系民事审前准备程序的确立与演进历史中找出其中共通的制度要素,进而以此挖掘构建民事审前准备程序的制度性基础。
With the all-sided promotion of the reform of civil trial in our country, the importance of pre-trial preparation procedure is becoming more and more known to people and the research of its basic theory is also paid close attention. In fact, in the process of the development of civil procedure, although there are slight differences among countries in the pretrial preparation system, it is an indisputable fact that this system is unanimously approved and the choice of convergence. So what exactly led to a system choice that is so similar under a completely different legal context? From the perspective of comparative law, I hope to find out the commonalities in the process of establishing and evolving civil trial preparation procedures in the two legal systems In order to excavate the institutional foundation of the civil pretrial preparation procedure.