Research On The System Of The Pre-litigation Preservation Of Property

The system of property preservation is composed of the pre-litigation preservation of property and the civil preservation of property.Under the situation that appeared to endanger applicant's rights,the applicant could put forward an application to the court to get a kind of restriction and temporary measure to the property of the accused party,produce certain influence to the carry on of litigation.But to the benefits of the party or the carry on of litigation,the influence of the pre-litigation preservation of property went deeply some.If the creditor discovered the debtor has those behavior,for example,concealment property, transfer property,or destroy property by burning,and it will the brings damage,could't make up,he can apply to the court for the property preservation to support legal rights.The jurisdiction is conditioned to get involved the civil dispute in advance,need not wait until creditor toward court to put forward the accuse hereafter.This kind of succour method has more efficacy on time,and could obtain a good and social economic performance.If the judicature get involved the civil dispute in advance,two kinds of circumstances probably appear.One is the debtor may give up illegal behavior for the cost up,two is the difficulties of execution could be resolved.Although there are a lot of rules about the pre-litigation preservation of property,some imperfection place exist also,for example,jurisdiction,guarantee,repeal.This thesis focuses on the problem of the rules about the pre-litigation preservation of property and the experience and the judicatory fulfillment of western countries have an all-inclucive legal system,and then put forward some superficial opinions and suggestion.This thesis consist of five parts.Part one a brief account of the pre-litigation preservation of property,include the meaning,prerequisite and significance of the system of the pre-litigation preservation of property.Part two distinct the system of the pre-litigation preservation of property from some related system,deepen the understanding about the system of the pre-litigation preservation of property.Part three a brief introduction of the experience of certain countries,beneficial to the perfect of the law.Part four is the emphasis of this thesis.It analyses the rules about the system of the pre-litigation preservation of property,include jurisdiction,discretion,amount,repeal,guarantee,procedures and refer to somebody else.Part five put forward some opinion and the suggestion to improve the system of the pre-litigation preservation of property on the four part.