The Study Of System Of Civil Attachment

The system of civil attachment is one of important components during civil action , it is the way that the parties in legal action protect their own interests. However the implementation for this procedure is very individual in all courts causes it couldn't play its full role in the existing system in which there haven't been standardized so far. How the procedure in the existing operation and subsequent legislative amendments be standardized and improved, so that this procedure truly becomes a beneficial tool to balance between the interests of the parties , it is the core content of this paper.In total three parts, first part is brief of definition , function and the problem of civil attachment .Besides of the discussion of legislative problem of civil attachment in the secondly part, the paper introduced the world's civil attachment system, and learn from the above-mentioned countries in the relevant system, analyzed the types of existing civil attachment in the existing problems, and put forward attachment system in the general sense in future legislation. In the second is how the civil attachment procedures in the legislative jurisdiction of the parties should be conducive to interests to parties comprehensively , timely under inadequate current system. In the respect of civil attachment procedures in the security system, the type of security, the review of the amount of security, and the return of security after the end of the proceedings are studied as well. Regarding of relief of the civil attachment, the appeal system in limited civil attachment convicted should be established in future legislation, meanwhile in practice the existing parties to the dispute reconsideration and review procedures should be standardized in order to really protect the legitimate rights and interests of the parties.The civil attachment were discussed procedures for the review process and the preservation of civil security system. in fourth part, In the fifth part of this paper, the integration of all kinds of mixed structure of the trial should be stablished to solve the urgency of the parties and the conflict between the security procedures in the civil attachment procedures are discussed ,Besides of the discussion of judicial problem of civil attachment in the secondly part, In the existing circumstances, through the expanding explanation scope of attachment of property in the Civil Procedure Law protect the legitimate rights and interests of the parties. The lenient review in the preservation of the property should be required to amend in judicial practice. In the process of review of the preservation of property, the applicant must be filed on the case and the need for preservation of the address that accordingly.