On Construction Of Act Preservation System In Civil Procedure Of China

Act preservation system is an important law system in civil procedure,and it is also an ancient system.There have already appeared the contents of act preservation in the legislation of Rome.The current civil procedure legislations of many nations also have the provision which has 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,asking 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 judgments.It has important meaning to support the party's legal rights and guarantee the authority of the judgments in civil litigation.The two legal systems have different legislation about the act preservation system.In the common law system,it is mainly showed in the injunction system;in the civil law system,it is mainly showed in the einstwelivergung.But there are very little rules about this system in our country,it is only showed in the maritime litigations and the intelligent property litigations now.Our country has not set up a complete system of act preservation.But because of the development of our society,current legislation obviously can't satisfy_the reality demand,so for our country, to set up a act preservation system is necessary with urgent.Aim at this phenomenon,this article wants to give some advice about the seting up of the act preservation system in our country.Through the comparison of the legislation of the two legal systems,combining with the present legislation in our country,writer analyzed whether we can learn from other country,and made the conclusion.On this foundation,writer designed and analyzed the act preservation system in our country,and discussed the contents of the act preservation system in our country combining with the current condition of our country.Good system needs good procedure to guarantee it's movement,so do the act preservation system.After the seting 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 some aspects.Hope the article could make some contribution to the construction of act preservation system in reality.