On The System Of Behavioral Preservation In China 's Civil Action

It is for civil litigation to resolve disputes and protect the lawful civil rights and interests of the holders by lawsuit means.However,it is a kind of afterwards relief means,with a lag,usually can’t be in time to relief of rights,when after the procedure, the lawful rights and interests of the holders may have been suffered irreparable damage.There are many cases that someone wins the lawsuit,but has lost interest in the judicial practice.In order to avoid such situations,protect the lawful rights and interests of the parties timely and effectively,in most countries it has stipulated the system of preservation-to provide relief to the patentees temporarily before the entitative decision,in order to avoid the rights of parties has been suffered irreparable damages,to ensure smooth implementation of the decision in the future,to realize legal justice.Behavior security is under a concept of civil preservation system,plays an important role for the rights and interests of the infringed.It originated from the Roman era-Interdicere,and later with the development of the possession preservation in Church law and conservatory measures in litigation,gradually formed to ban system of Anglo-American law system and conservatory measures of continental law system. Just a different name,substance is the same.There are the provisions of the act preservation system in Civil Procedural Laws in most countries of the world,they play an irreplaceable role in civil security.It has been relatively mature about theoretical construction of behavior security system in our country,but before revision of the new civil procedure law in2012,there was not behavior security in the civil procedure law of our country,it only existed in the special law field such as maritime law and intellectual property law, resulted in there were a lot of cases that could’t be applied property preservation system but also did not have the appropriate security system to remedy in the judicial practice,caused the lawful rights and interests of the parties suffered redundant damage or damage was expanded.And with the development of society economy, there have been appearing more and more new complicated cases,the cases for need to apply for behavior security have been appearing more and more in the judicial practice,the system needs to be established within the all territory of civil procedure.In this context, lawmakers responded to the requirements of The Times,the act preservation system had been established in the newly revised "civil procedural law" of2012.The introduction of the system provides the timely and powerful litigation manner for the obligee,supplies the legitimate reason for the special provisions,perfect preservation system in our country.have historical significance to the construction of preservation system in China.The main body of this article can be divided into five parts.The first part is under the background of the new law,summarize the basic theory of act p reservation system,including the meaning of act preservation,characteristics,natur e,value,etc.;The second part is introducing the origin of act preservation and t he legislation in extraterritorial countries,and sums up the rules on how to per fect the system of act preservation in China; The third part is combing the his torical development of act preservation system in China; The fourth part discus ses the basic content of act preservation according to the new "civil procedur e law" regulation,including its applicable conditions,jurisdiction,startup subject,r eview procedures,relief,remove,and make certain evaluation;The fifth part studie s how the act preservation system patrices in judicial practice,and do some re search of classification.