Ban In The Civil Litigation System Research

The injunction of civil procedure, which refers to an order made by the court to demand the parties to do or not to do specific act in the course of civil proceedings. As an adequate remedy at law, injunction is a peculiar system in Anglo-American law system. There isn't a word of injunction in Continental law system, but conservatory measures in litigation are similar to it. Injunction has long history and wide-ranging application in Anglo-American law but still a new thing in China. As an indispensable and import system, Injunction comes from people in the long process of practice on the civil rights relief summary of the proceedings,with very important value and significance of existing for making up the litigation 1agged, and it plays an irreplaceable function. Countries in the world have the relevant provisions of the injunction, although there are different names about this system because of the different background and va1ue of different country,the procedure has already become an important way to solve the economic dispute of civi1 cases objectively. Injunction on the introduction of the system is China's imminent accession to the WTO in the context of the times. WTO is a rule of law-based international economic organization; the legal system is a set of rules system. To meet the requirements of these rules, for the convergence of domestic and foreign legislation and the promotion of the healthy development of the domestic economy, China's relevant laws and regulations in many of the corresponding adjustments and amendments, the injunction on the introduction of the Marine Relief special procedures law and intellectual property law is one of the important initiatives. At present, however, the injunction has not yet provided complete system in the civil law of our country, but scattered in specific procedural law, substantive law and judicial interpretation, the scope of application is limited, does not have systematic and universal application. The absence of legislation on the judicial practice is bound to lead to confusion and no rule to follow, which in real life are a large number of measures need to ban the legitimate rights and interests of the parties can not get timely protection and relief. With the social development and the enhancement of awareness of the rights, people have gradually recognized that prevention of relief after more than superiority. Therefore, in order to make up for ordinary litigation relief to the lag of inadequate protection of the rights of the parties, in order to achieve disputes and the smooth resolution of disputes and litigation in the process of judicial justice, a serious review of the injunction and improve our own system are imperative, regardless of the legislative or judicial practice, is a subject of considerable practical significance, Hence,practice and the ages call an arriva1 of injunction system,which is a topic of realistic meaning not only to the legislation but also to the judicatory fulfillment.This paper consists of three Parts: introduction,text and final chapter. And the text is made up of four chapters. The introduction mainly explains the reason and meaning of studying this proposition. Text from the first chapter starting with the concept and characteristics of the injunction, and a injunction in the history of the system, then the injunction and property protection, such as early implementation of the related systems were compared. And then use the method of comparative study of the country's injunction on foreign systems, and "Trips" in the relevant provisions were discussed. Chapter II from the intrinsic value of the injunction system and improve the system of China on the need for the two discussed the embargo on China's transplant system theoretical basis. Chapter III, the existing injunction in China's legislative and judicial system of the status were introduced, and its inadequacy of the assessment carried out. Chapter IV , the mature control practices of the two law systems, and is based on China's existing legal framework, called for the establishment of a sound system of civil litigation in the idea of the injunction:China's civil law to establish and perfect the system, including the injunction on the temporary relief measures to ban the application of substantive and procedural elements of the elements were clearly defined, and pay more attention to the injunction issued in the course of the protection of the rights and interests of the parties, such as sound Hearing system, the establishment of the appeal process, improve the application because the applicant was wrong on the compensation system...