On The System Of Interim Injunction In Civil Procedure

Interim injunction in the civil procedure is a widely used systematic subroutine for interim relief in civil procedure.Interim injunction system aims at keeping "status quo" before or during a hearing to prevent irreparable harms to the plaintiff.There is no unified interim injunction system in China's Civil Procedure Law.Along with the developing of the society,the complexity of cases increased dramatically.Property preservation and advance implement,the two systems of temporary relief in China's Civil Procedure Law,appeared their insufficiency in temporary relief for civil rights.In order to make up this loophole,the Supreme Court expanded the applying area of advance implement by judicial interpretation. However,as interim injunction is quiet different a system from advance implement,and the applying standards are different from each other,advance implements are seldom used to prevent infringements in advance in practice.The advance implement does not work as the Supreme Court has expected,instead,the expanding interpretation caused confusion on the connotation and denotation of these two systems.After China's accession to the World Trade Organization,our country has introduced interim injunction in maritime and intellectual property procedure.The new-introduced measures have a lot of imperfections.The relevant provisions spread in different laws and judicial interpretations,do not formed a system.The injunctions are only applied in the maritime and intellectual property procedure,this can not meet the needs of the current civil litigation practice.In my opinion,it is imperative for our country to set up a sound system of interim injunction in our Civil Procedure Law.The text of this dissertation is divided into three parts except the foreword and the epilogue.The first part is an introduction to interim injunction.The history of interim injunction can trace back to the interdicta prohibitoria in Roman law.The modern interim injunction system was formally established at the late 13th century.Interim injunction systems in common law countries and civil law countries are different in name,but have the same connotation,the same natures and the same functions.Interim injunctions are court orders compelling someone to stop doing something or to do something before or during a hearing. Interim injunction has a dependent,temporary,preventive,emergency and time-bound nature. It's aiming at maintaining status quo of civil rights before the final judgments,in order to prevent the infringement or the continue of the infringement during the litigation.Objectively, it can also play a role in ensuring the enforcement of judgmentsThe second part is a comparative analysis on the interim injunction system of several western countries.The author choosed the United Kingdom and the United States as two typical examples of common law countries,and Germany,Japan,France as three typical examples of civil law countries,introducing the interim injunction system in England and America,the Einstweilige verfugung in Germany and Japan,and the judgement dit provisoire in France.Through comparative analysis,we can see that,regardless of common law countries or civil law countries,the system of interim injunction proceedings reflects a value orientation of unifying the fairness and the effectiveness of civil proceedings,and widely applied in most kinds of civil and commercial cases.The third part is the core of this dissertation.This part discussed how to establish our country's system of interim injunction in Civil Procedure Law.The author searched relevant legislation and judicial interpretation in our country,explaining why it is necessary for our country to establish the system of interim injunction in Civil Procedure Law.Finally,the author raised several advices on the construction of a unified system of interim injunction in civil procedure in our country.