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On Construction Of Act Preservation System In Civil Procedure Of China

Posted on:2008-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y CaoFull Text:PDF
GTID:2166360218960839Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Act preservation system is an important law system in civil procedure, it is also an ancient system. There have already appeared the contents of act preservation in the legislation of Rome.The current civil procedure legislation of many nations also have the provision which have special features of this system. Act preservation is a special litigation procedure in civil procedure, it is made by the court according to its application,ask related party to do or not to do certain things, so as to avoid damage or further damage that shouldn't happen to the party or in order to guarantee the performance of the future judgements.It have important meaning to supporting the party's legal rights and guarantee the authority of the judgements in civil litigation.The two legal systems have different legislation about the act preservation system.In the common law system, it is mainly shows in the injunction sysytem, in the civil law system,it it is maily shows in the einstwelivergung.But there are very little rules about this system in our country, it only shows in the maritime litigations and the intelligent property litigations now.Our country haven't set up a complete system of act preservation.But because of the development of our society, current legislation has already obviously can't satisfy the reality demand, so for our country,to set up a act preservation system is very necessary with urgent.Aim at this phenomenon, this article wants to give some advice about the set up of the act preservation system in our country. Through the comparison of the legislation of the two legal system, combine with the present legislation in our country,writer analyzed whether we can learn from other country, and made the conclusion that the legislation in the civil law system is more suitable for us to learn. On this foundation, with the main legislation structure in the civil law system,writer designed and analyzed the act preservation system in our counry, and discussed the contents of the act preservation system in our country combined with the current condition of our country.Good system needs good procedure to guarantee its movement, so did the act preservation system.After the set up of the content of act preservation in our country ,we also need to set up the procedure of this system.Writer discussed this problem mainly from the aspect of scope, condition, jurisdiction, trail procedure, relieve way,in order to guarantee the well movement of this system in our country .Through the discuss in the four parts above,on the foundation of the introduce of related condition,writer designed the act preservation system in our country from the aspects of content and procedure,mainly completed the design of act preservation system in our country.Hope the article could make some contribution to the constrction of act preservation system in reality.
Keywords/Search Tags:act preservation, content design, procedure desig
PDF Full Text Request
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