A Study On The System Of Act Preservation In Civil Litigation

The system of act preservation in civil litigation, which has been widely adopted by most nations, is an important system in the modern legislation on civil procedures. This system can compensate for the weakness of ordinary proceedings in relieving the parties’rights. In this way, it can effectively prevent the parties’loss or the expansion of their loss. Compared with other nations, China’s legislation on this system is in relatively backward status. Before2012, there are only similar stipulations in the intellectual property law and the maritime law. In recent years, social economy has been developing and the legislative system is being perfected. In order to meet people’s demand for litigation, the system of act preservation was established in the Civil Procedural Law modified in2012. The establishment of this system not only perfects the remedies for the parties’rights in civil litigation, but also provides legislative grounds for the relevant stipulations in other special fields. However, some problems still exist in the system of act preservation in civil litigation in China. For example, the legislative stipulations are too general; the stipulations are not separate from those of the attachment system; and the stipulations on its hearing procedures are not explicit. In order to fully realize the functions and values of the system and make it more effective in settling disputes and maintaining equality and justice in civil litigation, the thesis makes research into this system and hopes to make contributions to perfecting the system in China. Starting from the concept of the system of act preservation in civil litigation, the thesis makes a comparative study of the relatively mature system and relevant legislations in foreign countries. Then it makes a detailed analysis of the system of act preservation in the modified Civil Procedural Law of China. Based on the analysis, the thesis puts forward suggestions on improving the system of act preservation in civil litigation, hoping to be helpful to its smooth operation in China.