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审前程序作为一个特定程序在民事纠纷解决中发挥了不可替代的独特作用,但我国审前程序的立法是滞后的,其缺陷体现在:诉答功能软化,争点无法在审前准备阶段形成;对当事人收集、调查证据缺乏必要的程序保障;举证时限制度有待完善等方面。对此,应明确审前准备程序的主体,建立起结构合理的审前程序;设立诉答程序,完善诉讼失权制度;完善举证时限制度和证据调查制度;建立法官释明权制度。
As a special procedure, pretrial procedure has played an irreplaceable and unique role in civil dispute resolution. However, the legislation of pretrial procedure in our country lags behind. The defects of the pretrial procedure are as follows: the function of petitioning and answering is softened, the dispute can not be formed in pretrial preparation stage; The parties to collect, investigate the evidence lacking the necessary procedural safeguards; proof time limit system needs to be improved and so on. In this regard, the main body of the pretrial preparation procedure should be clarified and a sound pretrial procedure should be established. Procedures should be set up to improve the system of loss of power in litigations, the time limit system and evidence investigation system should be improved, and the system of interpretation of judges’ rights should be established.