On Civil Preservation System

With the gradual establishment of a sound socialist market economic system, the civil and economic cases that the People's Court accepted continue to rise, and there emerge more complex and diverse types of cases. Thus, the civil conservatory system is playing an increasingly important role. The proper use of the civil conservatory measures can play an active role in the implementation law and to a certain extent, create conditions to deal with the difficult issues. All above are very significant to protect the interests of the obligees, to reduce the risks of trade. At the same time, the proper use of the civil conservatory measures can strengthen the civil conservatory force, which is critical in safeguarding judicial justice and improving the efficiency of the judicial practice, establishing the judiciary authority. However, due to imperfectness of legislation in the civil conservatory system, a number of problems existing in the understanding and practice of this system.This article analyzes and re-constructes the civil conservatory system from four aspects:In the first part, it illustrates the meaning, characteristics and values of the civil conservatory on the basis of comparative analysis of two basic Legal systems. The second part analyzes the types of the civil conservatory. It respectively introduces and evaluates the emergent hearing procedures and conservatory procedures in Civil Law, and seizure and ban in UK-US Legal System. Furthermore, it reclassifies civil conservatory system in China. The third part is the reasonable choices of the civil conservatory elements. The countries of Civil Law and Uk-US Legal System have different provisions on it. The paper puts forward the six substantial conditions in application of civil conservatory on the basis of the analysis of them. The fourth part is the reconstruction of the civil conservatory procedures in China. It is mainly a perfection of the trial procedures and execution procedures of the civil conservatory system in China. In the trial procedures the uniqueness of civil conservatory main body is established, i.e. only the parties can apply for and decide the court to practise civil conservatory in accordance with the principles of convenience and emergency; as to the dissent over the civil conservatory, the principle of "according to a review, ruled out appeal."The whole paper uses the methods of Analytical Law and Comparative Law, absorbs the essence of conservatory system in Civil Law and UK-US Legal System, combines the judicial practice in China, pays attention to coordinate and link up the current system in China, and endeavor to construct a set of practical and feasible civil conservatory system.