The Case Analysis On Property Preservation

The system of attachment,as an important civil procedural law,assume an important role in ensuring the effective enforcement of a judgment, maintaining the authority of a court judgment,safeguarding the legitimate rights and interests of relevant parties.promoting economic development and social stability.However,in practice they also leave a lot of regrets to people over the years.far from initial expectation of it.The existing provisions of procedural law on the preservation of property is extremely simple,there are many immature places. This greatly weakened its function into full play,thus we need to further improve it.Through the case analysis of Sihong County court,this paper point out the defects of the current property preservation system,and then deep the underlying reasons.At the same time,on the basis of foreign-related legislative and judicial experience,put forward appropriate solutions to China' s current situation.The writing of this paper is divided into four parts:Part 1, the base case and the controversial points.First describes the basic facts of the case,then evaluate the conclusion of the case and the dispute in the case.Part 2, the reason analysis of the case ruling.This part,from the aspects of the current legislative and judicial practice,deep the underlying reasons.Part 3, Overseas property preservation of relevant legislative and judicial practice.First,describes the civil law and common law of some countries regarding property preservation,and then compare with our provisions and judicial practice,on the basis,put forward with the provisions we can learn from other countries.Part 4, the improvement of our property preservation system.Further clarify the applicabale time,reform applicable prerequisites,establish the inform system and their theorys.