Study Of Civil Procedure Property Preservation System

Property preservation system is a civil lawsuit to ensure future execution of judgments, to protect the rights and interests of creditors from unnecessary damage so as to use the temporary preservation of mark the legal remedy system of the property. As an essential part of civil litigation system important constituent, it plays an irreplaceable role to protect the holder of the legitimate rights and interests safeguard judicial authority. It is based on the important role of property preservation system,countries of civil litigation property preservation legislation gave full attention, because of the different legislation technology or influenced by law culture property preservation system the name and the specific operating system on each are not identical, but the conditions, the program is started in system Settings, procedure guarantee, guarantee, etc, can give us a lot of inspiration and reference. Compared with abroad, theory and legislation of property preservation system in China is a bit weak, this article through the concrete case analysis of the practice and summarizes the deficiency of legislative, judicial, the existing research results and draw lessons from foreign advanced legislation, based on the idea of perfecting the property preservation system in our country.Besides preface and epilogue, this article consists of four parts, the first part of property preservation system overview. This chapter will have an analysis about our country civil procedure law, judicial interpretations and the terms of the property preservation, and inductive the meaning of property preservation system, the types of property preservation system and applicable condition, principle, the cognition of existing property preservation system in our country overall. The second part is compared with the reference to the deficiencies and shortcomings of the system through the inspection on behalf of the state property preservation system in China, must be in concept, general "property preservation" as a procedure to cognitive, with principle of program for program regulation of this system. The third par will have an analysis of property preservation system in our country’s present situation and cause. This chapter will have an analysis of the existing legislative and judicial status quo, through the image analysis is put forward in the legal level, program construction, save after dealing with deficiency of property, and the defects of the above reason analysis. The fourth part will perfect our system of property preservation. This chapter will be based on the complete system of investigation on behalf of the country with the reality of our country on the basis of existing research results put forward the perfect idea.