On The Preservation Of Property Relief System Of China

Today, the use of property preservation has been very extensive, but there are still many problems in the really life. In such a rapidly changing economic times, on the one hand, the preservation properties can sure the realization of the applicant’s claims; On the other hand, because of the defects in the system settings, there are legitimate interests of the applicant or any interested party damage. It is because of this weakness of the preservation property, the existence of the relief system becomes even more important. Only in this way, it can ensure the equal status of the parties in the legal case and the case will be an impartial referee, and also ensure the legitimate rights and interests of the parties and a third person effectively.This article is divided into three parts of the introduction, body, and conclusion. The text is divided into four chapters, the first starting from the basic problem of maintaining the preservation of the relief system, introduced the concept of the nature of the preservation of the relief system, and introduced the concept of the nature of the preservation property. That the preservation of property relief system when the court ruling of property preservation, party or a third person convicted of an ex post procedural safeguards refuses to accept to accept or losses due to errors apply to the court requested remedy. Brief description of the theoretical basis for the preservation property, brief description of the theoretical bases foe the preservation property relief system must exist.In the second chapter, the writer explained the preservation property relief system, discussed from two different angles of the parties and the court respectively. The main parties to apply for an error to lead to the generation of the relief system; the court is to determine error.In the third chapter, the writer introduced China’s current property preservation Legislative Situation of the relief system, found out the problems of our country in the legislation and practice. Including:reconsideration of the imperfections of the program; appeal system is not set up, the imperfections of the procedural safeguards; objection system in the absence of a third person; apply for error compensation legislation is imperfect; court’s responsibility is not clear; the uncertainty of the judicial personnel qualifications.In the fourth chapter, the writer put forward views of the relief system of property preservation on the basis of the current property preservation relief system. Including:reconsideration perfection; the establishment of preservation not satisfied with the ruling of the appellate system; the third party objection to the improvement of the system; application for the improvement of the error compensation issues; the court the responsibility to assume the improvement of the problem; the improvement of the qualifications of judicial personnel.