Should the matters to be handled at the pre trial conference be written in the judgment?

What is the content of the pre-court conference in civil litigation?

Question. 1. Clarify the plaintiff's claim and the defendant's defense; 2. Review and handle the applications and counterclaims submitted by the parties to add or change the litigation claims, as well as the litigation claims related to the case submitted by the third party.

The pre-court conference of civil procedure will be held before the first civil procedure, especially the pre-trial conference of civil procedure where the case is more complex and there are more evidence witnesses, and the pre-court conference of civil procedure can understand the situation of the case in advance and exchange opinions and suggestions.

1. Pretrial conference.

1. The pretrial conference procedure is called the interlocutory procedure in Germany, the pretrial procedure in France, the pretrial conference in the United States, and the pretrial sorting procedure in Japan and Taiwan, China. Different countries and regions have slightly different provisions on this procedure, but in general, in the pretrial conference, it is the main content of the pretrial conference procedure to determine the list of recusal persons and witnesses to appear in court, and to exclude illegal evidence, so as to determine the focus of the trial.

2. The pretrial conference is not a necessary procedure before the trial, but is a preparatory activity for the people's court to convene relevant personnel to understand the facts and evidence, hear the opinions of the prosecution and defense, sort out the points of contention, and arrange for the trial according to the complexity of the public prosecution case or other needs before the trial.

2. The situation of the pre-convocation meeting.

Article 183 of the Interpretation of the Supreme People's Court on Application stipulates: "In any of the following circumstances, the adjudicators may convene a pre-conference meeting:

1. The parties, their defenders, and litigants apply for the exclusion of illegal evidence;

2. There are many evidentiary materials, and the case is major and complex;

3. The social impact is significant;

4. Other situations that require a pre-conference meeting.

3. The content of the conference before the court of civil procedure.

1. Clarify the plaintiff's claim and the defendant's defense;

2. Review and handle the applications and counterclaims submitted by the parties to add or change the litigation claims, as well as the litigation claims related to the case submitted by the third party.

3. According to the application of the parties, decide to investigate and collect evidence, entrust appraisal, require the parties to provide evidence, conduct inquests, and carry out evidence preservation;

4. Organize the exchange of evidence;

5. Summarize the focus of the dispute;

6. Conduct mediation.

The pre-court meeting of civil procedure is the preparatory work before the civil litigation, the content of the pre-court meeting of civil procedure includes more, mainly to understand the litigation claims of the case, etc., the pre-court meeting of civil procedure can improve the efficiency of the court, and at the same time can also improve the quality of the court trial, can reduce disputes, so that the case is concluded more quickly, so the pre-court meeting of civil procedure is still very meaningful

According to the specific circumstances of the case, the content to be resolved by the pretrial conference is as follows:

1) Clarify the plaintiff's claims and the defendant's defenses;

2) Review and handle applications and counterclaims submitted by parties to add or modify litigation claims, as well as litigation claims submitted by third parties related to the extent of the case;

3) Decide to investigate and collect evidence on the basis of a party's application, entrust an appraisal, request that the party provide evidence, conduct an inquest, and conduct evidence preservation;

4) Organizing the exchange of evidence;

5) Summarize the focus of the dispute;

6) Conduct mediation.

The pre-trial conference should also be written on the judgment dagger because it is a drama.

Legal analysis: The pre-court meeting means that the situation of the case is more complicated, and in order not to prolong the pre-conference too much, the pre-conference can be convened first. After the people's court files a case, it may organize a pretrial conference before renting a case, and according to the specific circumstances of the case, the pretrial conference may include the following content:

1. Clarify the plaintiff's claim and the defendant's defense; 2. Review and handle the applications and counterclaims submitted by the parties to add or change the litigation claims, as well as the litigation claims related to the case submitted by the third party. 3. According to the application of the parties, decide to investigate and collect evidence, entrust appraisal, require the parties to provide evidence, conduct inquests, and carry out evidence preservation; 4. Organize the exchange of evidence; 5. Summarize the focus of the dispute; 6. Conduct mediation.

Legal basis: Article 224 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" In accordance with the provisions of Article 133, Item 4 of the Civil Procedure Law, the people's court may, after the expiration of the period for reply, make preparations before trial by organizing the exchange of evidence and convening a pretrial conference. Article 225:Based on the specific circumstances of the case, the pretrial conference may include the following internal frictions:

1) Clarify the plaintiff's claims and the defendant's defenses;

2) Review and handle applications and counterclaims submitted by parties to add or modify litigation claims, as well as litigation claims related to the case submitted by third parties;

3) Decide to investigate and collect evidence on the basis of a party's application, entrust an appraisal, request that the party provide evidence, conduct an inquest, and conduct evidence preservation;

4) Organizing the exchange of evidence;

5) Summarize the focus of the dispute;

6) Conduct mediation.

The pretrial conference is related to the verdict, and the pretrial conference is a kind of conference in which adjudicators may convene the public prosecutor, parties, defenders, and litigants to understand the situation and hear opinions on issues related to the trial, such as recusal, the list of witnesses appearing in court, and the exclusion of illegal evidence.

Article 180 of the Supreme People's Court's "Interpretation on the Application" provides that before the convening of the conference, the adjudicators may learn about the situation from the prosecution and defense on the following issues, and hear the opinions of Zheng Liang:

1) Whether there are objections to the jurisdiction of the case;

2) Whether or not to apply for the recusal of relevant personnel;

3) Whether there is an application to collect evidence materials that were collected by the public security organs or people's procuratorates during the period of investigation or review for prosecution but were not transferred with the case to prove that the defendant is not guilty or that the crime is minor;

4) whether new evidence has been provided;

5) Whether there are objections to the list of witnesses, evaluators, or persons with specialized knowledge appearing in court;

6) Whether an application is made for the exclusion of illegal evidence;

7) Whether to apply for a closed trial;

8) Other issues related to the trial.

Adjudicators may ask the prosecution and defense if they have any objections to the materials on the use of evidence, and where there are objections, they shall focus on investigating the evidence at trial; Where there are no objections, the presentation and debate of evidence at trial may be simplified.

Where the victim or his legally-designated ** person or close relatives raise an attached civil lawsuit, mediation may be made.

A record shall be made of the circumstances of the pretrial conference.

Legal basis: Article 187, Paragraph 2 of Article 187 of the Criminal Law of the People's Republic of China Before **, adjudicators may convene the public prosecutor, parties, defenders, and litigants to understand the situation and hear opinions on issues related to the trial, such as recusal, the list of witnesses appearing in court, and the exclusion of illegal evidence.

1.The scope of cases to which pretrial conferences apply is clarified. In any of the following circumstances, adjudicators may imitate the pre-convening conference:

1. The parties, their defenders, and litigants apply for the exclusion of illegal evidence; 2. There are many evidentiary materials, and the case is major and complex; 3. The social impact is significant; 4. Other situations that require a pre-conference meeting. 2.It clarifies the participants in the pretrial conference.

Based on the circumstances of the case, the defendant may be notified to participate. 3.The function of the pretrial conference has been clarified.

At the pre-convening conference, adjudicators may learn about the situation and hear opinions from the prosecution and defense on the following issues: (1) Whether there are objections to the jurisdiction of the case; (2) whether to apply for the recusal of the relevant personnel; (3) Whether an application was made to collect evidence materials that were collected by the public security organs or people's procuratorates during the investigation or review for prosecution but were not transferred with the case to prove that the defendant was innocent or that the crime was minor; (4) whether new evidence is provided; (5) Whether there are objections to the list of witnesses, evaluators, and persons with specialized knowledge appearing in court; (6) whether to apply for the exclusion of illegal evidence; (7) whether to apply for a closed hearing; 8) Other issues related to the trial.

Article 152 of the Civil Procedure Law Article 152 A case tried by a people's court applying the ordinary procedures shall be concluded within six months from the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval. Article 164:People's courts applying the summary procedures at trial shall complete trial within 3 months of filing the case.

Where there are special circumstances that require an extension, it may be extended by one month with the approval of the president of that court.

Legal basis: Criminal Law of the People's Republic of China Late Burial Article 187 Paragraph 2 Before **, the adjudicators of the Leakan Hall may convene the public prosecutor, parties, defenders, and litigants to understand the situation and hear opinions on issues related to the trial, such as recusal, the list of witnesses appearing in court, and the exclusion of illegal evidence.