On Behavior Preservation System

The civil procedural law of our country has constructed the system of attachment, which has made big contribution in protecting the social economic arrangemengt, preventing and striking the illegality cheat in kinds of civil behaviours. However, along with shaping the market economy order of socilalism, the degree of the reform and open increasing continuously, the social interaction becoming frequent, especially China eventually joining into WTO, more quantities and more kinds of entanglement appears. The system of attachment can't satisty the social demand. the people who engage in theory and practice call on that we should establish the act preservation system in the civil procedural law of our country.This article poses the meaning of the act preservation creatively and analyses its nature and characteristics. In my opinion, the act preservation system is a kind of special judicial procedure. This procedure has the characters of passivity, urgency, temporality, simplicity and independence comparatively. This passage also probes the basis on the three perspectives of aim, value and civil law basis.The second part of this article is the comparative study. Britian and America have the preliminary injunction. Germany, Japan and Taiwan of China have the system of Einstweligeverfugung. France has the system of temporary judgement .All of them provide act preservation comprehensively and maturely, which our country schould study.The last part of this passage puts forward how to develop basing on analyzing our country's act preservation legislation condition and defects. Thease pieces of advice are about the range, conditions of application, dominion, execution methods, judicial investigation and remedy.