On The Save From Damage In The Civil Litigation

Chapter 1 Preface This chapter analyze the system of civil save from damage in the broad and limited sense.In the broad,the system include the belongings and behavior save and evidence save. In limited sense, the system of civil save from damage is just a sestem that ensure the result of civil action can be carried out.In the theory,the scholar focus on the limited sense Civil save from damage is a kind of temporary remedy system which is to protect interested persons from irremediable losses. In the civil procedure law system, the system of civil save from damage is a widely used systematic subroutine which is set up to safeguard the execution of judgment. Procedural justice and benefit value are the main value of the system of civil save from damage. The primary principles of such system include peace principle, voluntary principle, participation principle, understandable principle and good faith principle. As to the system of civil save from damage legislation mode, there are three main types: one is the judicial precedent legislation; the other is the mixed legislation; the third is the one-way legislation. Each of them has its own advantages and disadvantages. Chapter 2 The basic therery of the system of civil save from damage In the civil procedure law system, the system of civil save from damage is a widely used systematic subroutine which is set up to safeguard the execution of judgment. Procedural justice and benefit value are the main value of the system of civil save from damage. The primary principles of such system include peace principle, voluntary principle, participation principle, understandable principle and good faith principle. As to the system of civil save from damage legislation mode, there are three main types: one is the judicial precedent legislation; the other is the mixed legislation; the third is the one-way legislation. Each of them has its own advantages and disadvantages. Chapter 3 The comparison of the system of civil save from damage between two law systems The system of civil save from damage of the continental law system consisted of fault-detention and fault-disposition, while in the common law system, prohibition plays a very important role. In American civil proceedings, save from damage system includes preparatory prohibition and temporary prohibition. And in American, there are three kinds of temporary awards for debtee to choose. Mareva Injunction is to prevent defendants from transferring property beyond the jurisdiction of courts, and from disposing of the other property within the area under the courts' jurisdiction. By comparison, the civil save from damage procedure has such characteristics as non-litigation, speed, simple, post-safeguard and auxiliary. Chapter 4 The procedure rules of civil save from damage In this chapter, the author suggests that China's civil save from damage should be composed of property save from damage, action save from damage and temporary stable law condition, and become a systematic one. Specificly speaking:1,In the modern society ,the system of civil save from damage is widely used not only in civil proceeding but also in arbitration and civil judgment collateral to criminal proceedings. It is becoming a trans-legal department safeguarding system. From this perspective, the system of civil save from damage is a subroutine of civil procedure.2,As to the property save from damage, the court should preserve what the interested parties apply for; Besides the property which is related to the case, the debtors' rest property can also be preserved; on some special occasions, the debtors' obligation right may be preserved either.3,The court should adopt relatively lower standard of proof on the evidence related to save from damage.4,China's legislation should consider bring action into line with the system of civil save from damage, in order to remedy the deficiencies of property save from damage. Chapter 5 The procedural safeguards of save from damage in the civil action The precedural safeguards of save from damage in the ci...