Theoretical And Practical Studies On The System Of Civil Property Preservation Guaranty

Property preservation guaranty is a guaranty that be used to compensate the damage from the wrong guaranty application when the applicant applies property preservation to the court. As an indispensable part of legislation and an important system of civil procedure, property preservation guaranty plays an important role in trial practice day after day. But out civil procedure provides very simply for this question and there are some shortages. The inadequacy of legislation will inevitably lead to dilemma in judicial practice. All along, theorists and practical realm only pay close attention to the system of property securing, and neglect the property preservation guaranty, this will greatly weakens its value and function, affects the smoothly carrying of civil procedure and the achievement of the legal rights of the parties. Therefore, the system of property preservation guaranty needs to be further improved. This paper elaborates the property preservation guaranty in detail from the aspects of implication, characteristic and specific contents, analyzes its value foundation and function, discusses the present situation of legislation and practice in our country, points out the defects in legislation and dilemma in judicial practice, basing on those, makes some recommendations for the improvement of property preservation guaranty in our country.