Study Of Mareva Injunction In England

Injunction is an important legal system with a long history in Common Law tradition. From its main genesis, development, types, componnent items and the judges liberal descretion in application, one can draw out the base for its existence and its significance in today's life. A Mareva injunction is an interlocutory order of the court granted either before judgment, or in aid of execution of a judgment which restraints the party enjoined from disposing of or dealing with his own assets. There are many unique characters in its principal, application, alteration and revoke which make it the most particular one of Injunction Legal System in England. On the basis of studying a great deal of related domestic and foreign books, the author makes a complete introduction of Mareva Injunction in details. China has become a member of WTO and there are also many legal reformations to make. As a result, we need to absorb the essence of foreign legislation. Mareva Injunction is the proper one. In China's law system, the property preservative measures, maritime injunction and pretrial injunction have many connections with Mareva injunction. The author points out some improper stipulations in our law system through comparing with the Mareva injunction and finally gives some legislation suggestion.The article includes about 30,000 words, divided into 4 Chapters. Chapter 1 gives the general situation of Mareva injunction from the theory and practice aspects. Chapter 2 analyzes the differences between property preservative measures and Mareva injunction. Further it gives the way how to improve the property preservative measures stipulation. Chapter 3 compares the maritime injunction with Mareva injunction and states that China should establish Worldwide Maritime injunction. Chapter 4 mainly analyzes the improper stipulations in pretrial injunction and finally gives some legislation suggestions.The main opinion of the article includes 3 aspects. Firstly, China should establish behavior preservative measures system. Secondly, China should establish Worldwide Maritime injunction. Thirdly, before the pretrial injunction carried out, a "hearing program" should be held.