Perfection Of China’s Property Preservation System

The property preservation is the guarantee civil litigants private rights realization of important program, different from the trial procedure and implementation procedure. Protect civil rights is the realization of property preservation system reason to exist, and realize the function of property preservation, to solve the current "difficult to execute" dilemma, safeguard judicial authority has obvious effect. However, our country present property preservation program in the system design is not reasonable,still need further discussion.The paper has four parts:The first part is the general situation of property preservation system is introduced, this part of our country through the relevant provisions of the civil procedure law to carry on the analysis, for property preservation in the historical evolution of a clear understanding of the basis, defines the concept of property preservation, and the property preservation and related concepts such as the evidence preservation, the advance execution distinguishes. This part also discusses:The first aspect is the nature of the property preservation, from specific applicable and content dialectically analyzes the nature of property preservation of independence; The second aspect is the function of property preservation, from property preservation and civil action objective relation analysis of the function of property preservation is prior to take measures to prevent the effect can’t be carried out; The third aspect is our country property insurance system classification. According to our country civil procedure law "regulation, the property preservation can be classified into two categories, that is, can be divided into property preservation before litigation and litigation property preservation.The second part is the property preservation system comparison method of investigation, discusses the historical origin of property preservation system and the general situation of the development of all countries. From Roman law on property preservation system for the original form of the seizure of the civil lawsuit is the prototype of the preservation; Using comparative analysis, this paper introduces the property preservation system in civil law and common law countries, the development situation of property preservation system that the emergence and development of economic development is the inevitable product of the conclusion.The third part is the current our country property preservation system present situation and main existing problems, based on property preservation before litigation guarantee system is not perfect, property preservation before litigation shall be under the jurisdiction of the court is not clear, property preservation before litigation object range, the limitation of the stranger dissent program needs to be perfect, property preservation before litigation must be prosecuted after a short time limit, property preservation before litigation should be improved, the time limit for action during the property preservation definition not perfect, The property preservation guarantee the lack of operation rules, measures to preserve the property choose lack of flexibility, before litigation, litigation property preservation may cause error, the parties to seek relief ways and means to lack of supporting system regulations; The property preservation range of limited, China’s current property preservation remove the disadvantages of program eleven aspects discussed our country at present the legislative status quo of enough to cope with the complexity of the dispute form.The fourth part is to perfect our system of property preservation measures, the part of the profit from the overseas advanced legislation, From the property preservation before litigation guarantee to make exceptions to this rule, property preservation before litigation shall be preserved by the property is located, the respondent has his domicile or where his case to the jurisdiction of the people’s court has jurisdiction over, establish behavior preservation legal system, perfect the case a stranger dissent procedure, perfect property preservation before litigation shall be prosecuted after a period of litigation property preservation during the perfect definition of litigation property preservation guarantee model for perfect, To suit measures to preserve the property of perfect, the property preservation shall set up a perfect review system and the property preservation error remediation liability system, perfect the scope of property preservation measures, the property preservation remove program future perfect measures eleven aspects put forward to perfect our system of property preservation legislative Suggestions.In this paper the process of writing, the use of the history research, comparative study, empirical research is an ounce of prevention is worth a normative research method, using dialectical materialism and historical materialism methodology, adhere to the legal theory, procedure law theory, property rights theory as the theoretical basis, from the legal Angle, discusses the property preservation in our country many aspects, at the same time, through to Germany, France and other developed countries property preservation system analysis, thus puts forward the property preservation system of the relevant measures.