Comments On The Construction Of China’s Civil Injunction

The injunction as a system, has a long historical tradition. The world today is basically to build its own injunction system, although the name and focus was vary, the objective has become an important way to resolve civil disputes, plays an irreplaceable role. However, the injunction system in China is relatively new, in theory, has been prepared, a preliminary practice in the legislature and the judiciary, but is far from mature. Based on the theory and practice on the basis of the study of Chinese and foreign, to introduce new, put forward the idea of civil injunction system in line with China’s national conditions, in particular to reflect the protection of human rights, promote the development of socialist market economy, to adapt by adding new WTO situation, safeguard social fairness and justice and harmony and stability for the purpose.The paper consists of three parts:introduction, text and conclusion, the text consists of three chapters. Introduction mainly expounds the basic problem of the traditional injunction on the system, including the basic concepts and historical evolution of the injunction system to study the significance of this topic. The first starting from the existing civil injunction, analyzes current civil injunction system legal norms defects. The second chapter by introducing the extraterritorial injunction system to analyze the legitimacy of the construction of civil injunction; Injunction system and property preservation and advance execution system to compare, reflecting the independent value of the injunction system, combined with the lawsuits internationalization the legal concept of changes in requirements, and further analysis of the need to build the system of China’s civil injunction.. The third chapter referring to foreign mature experience, combined with the reality of our country the rule of law, the basic building of civil injunction bold vision, such as the existence of the injunction system in the form, type of idea, the application phase, the substantive elements of procedural elements, related remedies and so on.