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On The Perfection Of The System Of Conduct Preservation In China 's Civil Lawsuit

Posted on:2016-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:H Y ZhangFull Text:PDF
Abstract/Summary:PDF Full Text Request
August 31,2012, the new changes of the civil procedure law of the People’s Republic of China (hereinafter referred to as new civil procedure law), and put into practice on January 1,2013. By comparison with new and old law, we can see new civil procedure law. the ninth chapter title from the original "property preservation and advance execution" changed to "preservation and advance execution", article one hundred increased "order them to make certain behavior or prohibit him a certain behavior", which means that the act preservation system in civil procedure law system in our country has been formally established.The establishment of act preservation system in new civil procedure law for to fill the blank with object behavior to pay for security system, enrich the connotation and denotation of security system. But only rely on article one hundred families, is not enough to include the act preservation system. Security and property preservation and advance execution and behavior based on function, purpose and process, the different measures and so on, there should be further more specific rules to distinguish between the three, otherwise easy to cause the applicable civil preservation procedure will appear in the judicial practice operation. Act preservation system, therefore, can’t stop the construction of a new concept in simple appended in the law, and should be distinguished from similar system, carry on the accurate positioning, according to its characteristics and combined with practical application, the design of the system. This is also this article’s purpose.In this paper, besides the preface and conclusion, the text includes four chapters.First of all, the first chapter introduces the legal connotation of act preservation system, is divided into three parts, the first part is of the legislation history of the act preservation system in our country, in order to meet the requirements of the WTO, with the international economic and trade field of maritime litigation and intellectual property rights are most relevant areas appeared the embryonic form of act preservation system in our country, the maritime injunction and temporary ban on intellectual property rights, and then after the modification of new civil procedure law.2012 act preservation system in civil lawsuit system was established; The second part is the foreign legislative experience, through the ban on the middle of the Anglo-American law system and continental law system applies the general situation is introduced and the advantages and disadvantages of contrast, analysis of our country in the process of perfect security system should be how to draw lessons from the advanced experience; The third part is the act preservation system and China’s existing know property preservation and advance execution system concept to clarify and similarities and differences comparison, that in my national defense system separate the necessity of act preservation system.Behind a summary at the end of the first chapter, a summary of the first chapter three content, and point out the purpose of the act preservation system and function, and the first chapter is on the back two, three, four heads of the three chapters of the relationship. The second chapters discuss behavior security guarantees, including application for behavior when the necessity of the collateral; Behavior existing in the security guarantee of missing from guarantee the special case of the lack of regulation and guarantee amount is difficult to determine, and improving Suggestions aimed at these deficiencies; On the issue of counter guarantee act preservation system in the inquiry. The third chapter studies behavior preservation measures not enough specific problems in the execution and from that give the judge discretion, draw lessons from foreign legislative experience and to distinguish the nature of the behavior execution measures improving Suggestions three angles. Finally, the fourth chapter to save relief behavior problems and improve the advice and respectively from the parties procedural relief and security error compensation two angles is discussed.
Keywords/Search Tags:Act Preservation, Perfect, Guarantee, Execution, Relief
PDF Full Text Request
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