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On The Preservation Of Civil Behavior System

Posted on:2010-10-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y AnFull Text:PDF
GTID:2206360302476089Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The civil preservation system is one of the indispensable systems during the whole civil procedure, with very important value and significance. Act preservation system is a civil preservation system with deep historical sources. There are prescriptions on act preservation in all modern counties' civil procedure law. However, in China, it is limited to the property preservation and the enforcement inadvance, lacking of the act preservation. And the laws, regulations and the judicial interpretation on the property preservation and the prior execution are fragmented, disorderly. Although,with the development of judicial practice, there are some regulations about act preservation in the marine affairs and the intelligent property right litigation, they are applicable to the particular litigation with applying to the limited scope and lacking of the systematic provisions. These regulations can't satify the need of judicial practice. With the development of society and improvement of people's right consciousness, the promptness and efficiency of judicature are the people's expectation and people are also aware of the superiority of guarding against something before the event. So, for preventing from the erosion of the legal rights resulted from the delay of lawsuit, and for smoothly solving of the disputes and controversy and the process justices, we need to set up the system of act preservation.The main contents of this article include four parts. The first part is an overview of the act preservation, mainly about the meaning and overview of historical development of the act preservation. The second part mainly discussed the foreign country's act preservation provisions, including the interlocutory injunction in the common law system and the temporary disposal in the continental law system. And this part make a comparative analysis on the two law system's act preservation. The third part mainly analyzes the act preservation provisions of our country. Firstly, it reviews the existing legal provisions and analysis on China's acts preservation and the establishment of the act preservation in related fields. And then, it analyzes the relationship between the act preservation and the property preservation, the prior execution. The fourth part is based on the second part and the third part. It elaborates how to build our country's act preservation system, mainly including the scope of act preservation,conditions for applying act preservation, judging procedure of act preservation, relief procedure of act preservation and the execution of act preservation verdict.Taking a wide view of this article, the writer wants to analysis the act preservation. By integrating our country's existing laws, regulations and the judicial interpretation, we should separate some provisions with the nature of act preservation from prior execution, and bring it into the act preservation system, forming the act preservation system which is equally important and parallel with the property preservation system.
Keywords/Search Tags:act preservation, property preservation, prior execution
PDF Full Text Request
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