Preservation Of Civil Behavior

Preservation of civil behavior in the civil law system occupies an important position, linking the proceedings is a link with the implementation of the program. It "put out a fire near the water" approach to make up for the rights of civil proceedings in the lag relief defects, help ensure that future enforcement of sentences, in a timely manner to protect the interests of right holders. Behavior preservation is the national legislation of general practice, two legal acts of the national and regional security were on system requirements in detail, in theory, the system preservation project on the behavior of research results is also very rich, while the theoretical study also prompted the regime to further perfect the system in the world so extensive and far-reaching impact. But in our country, the existing "Code of Civil Procedure" have not made any provisions. In practice, disputes claims by creditors to initiate civil action against the debtor before or during the proceedings, there is substantial because of the debtor's conduct causes a present case, can not perform or difficult to implement phenomenon, but the creditors could not get an appropriate interim relief. The emergence of this issue, scholars began to reflect on, more and more scholars learn from foreign experience, the author calls the establishment of behavior in our security system. In judicial practice and theoretical study of double promotion, our legislation has set up a "maritime injunction", "stop the violations before litigation," and so has the behavior of the system of nature preservation. However, generally speaking, act as an independent system security is not in the basic legislation of Civil Procedure which has been established.Preservation from the concept of civil actions, civil actions by introducing the basic theory of preservation,Comparison of Two Legal major countries and regions of the relevant legislation and practice of civil behavior in our country, the legislative status quo and the preservation of the problems in analysis, that the establishment of civil behavior in our security system, the necessity and feasibility of establishing to further build our system of civil acts of preservation of specific ideas.