Issues Concerning Several Relations in the Design of Pretrial Preliminary Procedure

The basic subject of the pretrial preliminary procedure is to decide the controversial points and to fix evidence. The two are in the same stage of proceedings, but have different tasks. As to their functions and order, they are logically in priority order. Legislatively, the procedure to fix controversial points needs to be established and arranged urgently to provide the condition for fixing evidence at present. In the pretrial preliminary procedure, the preliminary hearing system should be established, separation of preliminary judges and trial judges should be made, and the system of limitation for adducing evidence shall be adopted. The pretrial preliminary procedure is not the necessary procedure for all cases. In the pretrial preliminary procedure, the parties' role should be brought into full play, and adversary system be taken, in which judges perform procedural control and give some assistance to the parties through exercising their power of interpretation. The pretrial mediating system should be adopted to do away with the concept of finding out the truth and distinguishing between right and wrong. The pretrial mediation should be strengthened on the basis of it.