On The Act Preservation System In Civil Procedure Of China

Civil action usually protects people’s right and resolve disputes by later relief.However, it sometimes failed because of the lag of the proceedings to protect people’sright. Legal and litigation should demonstrate fairness and justice efficiency andtimeliness. Otherwise, in a complex and lengthy litigation process, the judgments willnot be given or will be difficult to enforce even if the obligees win, which cannotreally protect the Substantive rights of the obligees and against the purposes andmeaning of law.And the emergence of the system of civil action preservation just make up thelag relief right of litigation or litigation. It not only eliminates the inconveniencebrought by litigation delay, but also eases the conflict of judicial practice and law;realize the procedural justice and substantive justice. The first time we introduced theconnotation of the act preservation system is in the Civil Procedure Law" revised in2012.Before that, With the development of society and the increasing of complicatednew types of cases, some part of the field of the law of our country Set up the systemof maritime injunction and preliminary injunction in the litigation of maritimelitigation and intellectual property in order to Temporarily relieves the contradictionin the practice of legislation and judicature. And all these rules are the law about actpreservation. The big bright spot added in "New Civil Procedure Law" this time fill inthe Loopholes in legislation of civil procedure law, and also, it helps Preservationsystem to get rid of the embarrassment caused by only applicable to individual specialcase but not widely applicable to all types of civil cases.The production or development of a legal system should always conform to theneeds of the development of the society, so as the system of civil action preservation,as an adjustment mechanism in the civil life. With the rapid development of economyand the followed changes of judicial reform, except for the ultimate means of disputeresolution, such as litigation, afterwards, it is more urgent for the litigant to geteffective relieves in time for the damages and the risk of infringement of the legitimate rights and interests. Meanwhile, through the analysis on the provisions ofthe act preservation, it is not hard to see that the relevant provisions of the actpreservation system is devil in the details, especially for the applicable to the relevantprovisions of the act preservation system, which is not specific enough or even havesome blanks. Also, it has conflicts with the property preservation in civil preservationsystem and some regulations of prior to the implementation of the system. All theseare easy to cause confusion in the concrete implementation process, and the necessaryweapons given by the law to safeguard litigants’ own interests will exist in name onlybefore the judgment. Therefore, the design and arrangement of act preservationsystem still has some legislative space to be filled, refined and improved. After all,the act preservation system and the property preservation system should both togetherto complete the historical mission of civil preservation system prescribed by law.Therefore, this article will analyze some problems of the system of act preservation inour country; gradually refine the system from the program, In order to help theefficient operation of the system of act preservation in our country.And also it is anecessary step for fulfill the requirements of the development of social economy inour country and Conform to the trend of that our legal system will always adapt to theinternationalization.Except the introduction and conclusion, the body is divided into three parts inthe whole paper. There are more than twenty-five thousand words here. At thebeginning of the paper, there is a introduction of the history and the background ofcivil act preservation system, then give a conclusion of the concepts about thepreservation of civil conduct system and give a more clear definition of thepreservation of civil acts. In the second part, there is a statement about the orientationof the character and deep value of the system; this fully reflects the needs of oursociety and the calls for the development of the system. After the statement of the firstpart, the paper analyzes the current situation of the act preservation system whichhappening in civil proceeding, as the bedding of the next chapter, it pointed out thedifficulties and the inadequacy of the improvement of the system of our country. Thelast part, based on the discussion in the preceding chapters, using the civil law systemas the main framework, this part analyzes the contents of the act preservation system and shows the suggestions about it, then absorb the beneficial part of the common lawas the new ideas. At the same time, according to China’s national conditions, it isanalysis how to coordinate and improve the system in the process of the systembuilding, hoping to get the scientific nature and rationality and avoid unnecessaryproblems while consummate the act preservation system. To the procedure andjurisdiction of the act preservation system and the processing, order and execution ofthe application of action preservation and some links of Relief program of the system,we have put forward some detailed suggestions. To make the system meets the needof the society and juridical practice, to protect and provide the rights for the rightsholders, the writer hopes to offer the contribution to the construction of the actpreservation system.