Research On Property Preservation System In Chinese Civil Lawsuit

The current thesis is analysed the system of attachment in the code of civil procedures in our country, covering its definition, function, conditions, characteristic, existing problems and the relative solutions. The author also proposes some suggestions and solutions in the legal practice of the attachment system by making comparison between the Chinese petition system and the concerning systems in the western world. According to the thesis, the author holds that the defects of attachment sysytem should be resolved through devising better legislation. It is also suggested in the thesis that the limits of attachment system should be wider clarified to further standardize and legalize this system. At present, particular regulation of the attachment sysytem is still in great need, which results in the establish of authority in litigation.The primary task is to reform the attachment system in the judicial organization. What’s more, efforts should also be made to connect the attachment system with the relaxing restrictions of guarantee, through which the parties can get more protection. By the legal transfer of the authority in the civil procedures, the unshakable authority of the court, the final resort of conflict-resolving, can thus be established, through which the entire democratic legal process is promoted. As far as the current situation is taken into consideration, the author think that the reform in the attachment system should be carried out step by step.