Studies On The Civil Securing Judgment Procedure

The dissertation consists of 12 cliapters. The main content and opinion of each chapter are discussed as follow:Chapter 1 General Analysis of Civil Securing Judgment ProcedureThis chapter probes on the name, definition , character of civil securing judgment procedure and the difference between civil securing judgment procedure and other legal systemo Firstly, we should choose the meaning of civil securing judgment procedure from its upper level definition, and adopt the model of the Continent Country Legal System s legislation, that is , put the system of perpetuation of evidence out of the system of civil securing judgment procedure0 Secondly, through the discussion of the procedure essence of civil securing judgment procedure, the time limitation of civil securing judgment procedure and the direct aim of civil securing judgment procedure, this article confined the meaning of civil securing judgment procedure. Thirdly, the civil securing judgment procedure have the characters of urgency, subordination and secretly Lastly, this article give a comparative study on civil securing judgment procedure and perpetuation of evidence, mareva injunctionChapter 2 Basic Theories of civil securing judgment procedureThis chapter probes on the essence, function, basic principle and aim of civil securing judgment procedure. Civil seeming judgement procedure is composed of securing judgment procedure in judicial proc<;dure and securing judgement in execution procedure., and have the characters of both the special litigation procedure and execution procedure, the claim for civil securing judgment procedure belongs to the right of litigationfrom the broader view. The authority of civil securing judgment have the character of (adjudication right ) judicial authority and administrative authority. Civil securing judgment procedure should bear the principle of quickness , fully protect the legal right of both parties of civil litigation, fair and linvit the target of securing judgment. The main aim of teivil. securing judgment procedure is to protect the legal rights of creditor , under that aim , there also exist two direct aim , one is safeguard the execute of the judicial addict made in the future , the other is to avoid the unredemptive damagesChapter 3 The Type of Civil Securing Judgment ProcedureThis chapter researches into the type of civil securing judgment procedure and relevant legal basis in main countries, including the Arrest and Einstweligeverfugung in Germany and Japan, the Juger en refere Iprocedure and Qrdanance sur requite in france, Attachment, Temporary Restraining Order and Preliminary Injunction in U. S , Pre -judgement Rremedies in Britain , and Property Preservation and Advance Execution in China The civil securing judgment procedure system of France , U. S. and Britain don t meet the situation and tradition custom of China, while the civil securing judgment procedure system of German and Japan has deficiency The conclusion of this chapter is , we should reasonably reform current civil securing judgment procedure system of China , reconstruction the dual civil securing judgment procedure system under the division of Property Preservation and Action PreservaitionChaptei4 Court has the Power of JurisdictionThis chapter researches into the court which has jurisdiction to different kinds of securing . The general practice is the court which has the jurisdiction to the litigation or on the site of target lias the power In China , the securing before trial is under the jurisdiction of the people' s court of the place where the property is located, the securing in trial is under the jurisdiction of the people' s court of the place where the litigation is brought, the securing before trial of injunction of tort is under the jurisdiction of the people' s court of the where the litigation is brought or where the where the tort is committed, and the jurisdiction power is divided among the different level of courts Inthis chapter , the author proposed that the co...