| The is a double-edged razor blade: on one side , which helps protect interest of the applicant (creditor in name)timely and effectively; on the other side, it is a kind of 1imitation to dispose of property before rights and obligation are confirmed. Therefore, there is threat and damage at the same time of realization the value of procedure. Moreover ,Why the Securing Judgment procedure was set up is to save the applicant from damage, which overlooks interest of the debtor and the third party frequently. It is unfair that parties isn't offered with opportunity to take part in the procedure to alter or revoke the verdict if the verdict of the Securing Judgment have been made.Therefore, it is necessary to offer parties,especially debtor and the third one with remedies to strengthen the procedure guarantee to themselves,which is the remedies for the Securing Judgment procedure. The remedies for the Securing Judgment consists of the objection, application for revoking, the appeal , and conpensating for the damage of the wrong with application for the Securing. Modern main countries (or district) set up the remedies for the Securing Judgment procedure . Our theory circle haven't paid enough attention so that it doesn't improve in the legislation and judicature. It focuses on the theoretical basis of establishing the remedies procedure and puts up the existing problems in our remedies procedure ,expecting enhancing the theoretic research and help the practice of judicature. This is only to cast a brick to attract jade.This thesis consists of three parts, with more than 30, 000 words. More details is as follows:Part one: a brief account of The remedies for the Securing Judgment ProcedureThe remedies for the Securing Judgment Procedure is the follow-up safeguard procedure,which is favour of strengthening the protection to legal rights and interests of the parties and the trird one. By means of analyzing the relationship between it and the remedies for the executivation procedure, we can comprehend further scope of the remedies procedure. Then the auther analyzes the aim and content of it on the basis of the the procedural justice and litigation efficiency, and of the procedural guarantee.Part two: The remedies for the Securing Judgment Procedure of current main countries (or the district)Firstly, It analyses and compares the remedies procedure in several representative countries such as Japan,Germany,France, Russia , Taiwan District , England and America,which of the lator two countries is included in the Interlocutory Injunction. 1 On thebeginning of the revocation; 2 On the court; 3 On the oral debation; 4 On the appeal to the verdict of ths procedure; 5 On the settlement of conpensating for the damage of the wrong application,,Part three: the remedies for the Securing Judgment Procedure in our countryFirst, this part writes the current legislations about the remedies procedure in our country; secondly, it appoints out problems in the legislations. Examination from the the procedure guarantee, there are main problems in our remedies procedure of preservation:1 Deficient in procedural regulation and lack of operation; 2 Be without appeal; 3 There is no the object ion procedure of the third one ;4, scope is narrow in the revoking the verdict; 5, it ought to be called off that the court revokes preservative measures according to power.Part Four: put up idears to improve the remedies for Securing Judgment Procedure in our country1 Endow parties with compensive rights of participation to the hearing2, Set up the limit appeal3, Establish the objection procedure of the third one4, Expand the scope to revokation5 , Resolve the conpensating for the damage of the wrong application... |
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