The Preservation Of Property Defects And Countermeasures System

Property preservation system is an indispensable security system in the "Civil Procedure". In the trial practice it is playing an increasingly important role. In China ,the market economic system lacks of awareness of credit situation, the system play an important role in preventing parties maliciously to transfer, conceal, damage or extravagant the property which under dispute or the property. Property preservation system effectively protect the legitimate rights and interests of the parties, but also protect the judgment of the future can be effectively implemented. But our current system of property preservation is not perfect yet, and there are still shortcomings in many ways, it limits the preservation of property on the function of play. Based on the study of the legislative and judicial practice of property preservation system. The more prominent issues of judicial practice were discussed, analyzed the causes of these problems and put forward my suggestion.The paper includes the following sections: The first part, an overview of property preservation system was given, and focuses on the value of the property preservation .In addition, compared to the system of other countries, I put forward some suggestions. The second part, combine some classic case studies of our property preservation system fined some defects in the judicial practice, and assessed of these defects. In the third part, made a number of targeted improvements of the system. In this section, Authors believe that a party applies for property preservation request should include the preservation of the parties, the amount of the property and types of preservation of property ,to clear the jurisdiction of the courts . In the judicial practice, misuse of property preservation and the court delayed in starting the program, The author raised the procedures that we should protect the clients' right to property preservation, establish an Restricted produce of appellate procedures, and establish the system of third party objection to proposals. The author hopes this paper can play a certain role in Modifying the Property Preservation System.