| As the social disputes are getting more and more complicated and people’s legal consciousness has been improved, people use legal means to settle disputes and relief right day by day.But because the process characteristics of the lawsuit itself, in relief rights exist inevitable lag, even if the parties eventually won the case, can not make up for the loss of the maximum.Preserved as a temporary relief system is set up to make up for the proceeding of this defect, it also shows that the transformation of people’s litigation idea in relief to beforehand prevention.Act preservation is a kind of preservation measures, it play a crucial role in civil litigation.Its meaning is to stop the infringing act timely and effectively to avoid causing a greater loss, and ensure the sentence can be executed in the future.Two legal systems has done a lot of researches about preservation system, and the legislation is perfect. However, the preservation system, especially the act preservation system has not gained enough attention in our country.The lack of legislation on act preservation system exists for a long time.Study on the system of academic research is not sufficient, and focus on the theoretical level, rarely seen with case discussion,and the lack of theoretical researches would definitely delay the legislation for certain which would further affect the application of preservation system in the judicial practice. The new civil procedure law put into use in 2013 has brought preservation system into security system, however,there are some problems in the start, trial, execution and relief, and this system cannot play the role of it in juridical practice. Thus, the task to perfect the act preservation system is imminent. Construct a perfect act preservation system will not only conducive to the realization of substantive justice and procedural justice, but also will remit the problem of the law enforcement from the source, thus would solve social disputes better and establish judicial authority. |
PDF Full Text Request