The Study Of Injunction System

Injunction system is a main relief for equity law in the countries of Anglo-American law system, which provides a remedy to the relief functions of the common law. It seeks to prevent threatened wrong or to restrain the continued commission of an ongoing wrong. In the need of the traditional monetary relief after damage, injunction system has important value and significance, and in the lawsuit practice plays an irreplaceable function. The introduction of the injunction system is a representative of the judicial system. By the steady influence of the thinking of the traditional civil law, we insist on the relief after thinking inertia, and neglecting the improvement of the system. The injunction system slants cold research field. The establishment of China’s injunction system is mainly for the system to prepare to join the WTO. In order to connect with the TRIPS agreement, and the introduction of intellectual property right law and maritime litigation special procedural law is one of the important measures. But now, there are mainly exist in the actual substantive law and procedural law and judicial interpretation for the injunction system and it’s scope is narrow. For the unclear judicial practice of the legislation technology vulnerabilities, injunction system in real life has not been effectively, and the legal rights of the parties can not get timely and effective relief. Therefore, Careful analysis to review and further perfect our country’s injunction system is urgently needed.This paper will be divided into three parts which include introduction, dissertation and the conclusion, and this dissertation includes four chapters. Introduction mainly expounds the causes and significance of the research topic. The first chapter elaborates on the concepts of the injunction system and analyzes its connotation. This chapter introduces the historical evolution of the injunction system, and compares with the related system such as property preservation, advance execution. This chapter mainly discusses the relevant injunction system on foreign TRIPS and the relevant provisions of the system. The second chapter mainly discusses the theoretical foundation of the transplant injunction system from the two aspects on the intrinsic value and the necessity of the system. In the third chapter, there will be analyzed the injunction system drawbacks from intellectual property rights on the typical case of our country. The fourth chapter presents the necessary to establish our country’s civil lawsuit system of the injunction system and makes a profound analysis and discussion on our country civil procedure law system in the establishment. There will be studied the introduction of the lawsuit from the hearing system, setting up the appeal system and clarifying the injunction system.