Study On Act Preservation System

Act preservation is our civil litigation theory in a unique terminology, the Civil Procedure Law of China has not clearly defined. Along with the market economy order build, social exchanges become increasingly frequent, especially after our country joins World Trade Organization, number and type of civil disputes in large numbers, many cases in urgent need of the corresponding temporary relief. Our country" Civil Procedure Law" in the ninth chapter" property preservation system" and" execution" system, has been far can not meet the needs of real life.Act preservation is a same as property preservation of important civil preservation system, it can be in court before the commencement of effective protection of the legitimate interests of the right holder, against an irretrievable loss. Abroad already had on the preservation of behaviors are more comprehensive and perfect regulations, not only use" the act preservation of this concept.". Because of the history and culture, the different legal tradition, the preservation of behaviors related content, in common law system is called" interlocutory injunction" system, in the civil law of Germany, Japan and Taiwan Province in China is reflected in the" false punishment" system, the French are embodied in the" emergency decision process.". Although they have different forms, different approaches but equally satisfactory results, in the society plays an important role, to jointly maintain the western legal civilization.In recent years, China's maritime injunction system and pre-litigation temporary injunction system in the field of conduct preservation made beneficial attempt, respectively, in the maritime field and the field of intellectual property plays an important role in. But should clearly realize, our country still has not established a set of complete sense of act preservation system. We should be bold draw lessons from western developed countries ruled by law, the successful experience of legislation and judicature, constructs a set to conform to our country national condition, science and practical action preservation system.This paper consists of introduction, text and conclusion of three parts. The text consists of four parts:the first part discusses the meaning of act preservation, historical development, and the preservation of property, prior to execution, prohibition and the definition of related concepts. The second part of the Anglo-American law system and continental law system countries on act preservation legislation and judicial practice. The third part focuses on our country history and status quo of act preservation. This part mainly from three aspects:one is the period of the Republic of China on the comb, the act preservation of the legislative history; two is expounded on China's existing legal provisions on act preservation situation and evaluation; the three is from the practice angle in our country at present the act preservation system defects. The fourth part is aimed at our country at present the act preservation system defects, put forward specific legislative proposals and operating procedures.