The Research Of The Deficiencies And Improvement In The Property Preservation System

As an integral part of the Civil Procedure Law, the civil propertypreservation system reflects the procedural fairness and justice, covers thelack of functionality in the proceedings after the relief, and it has becomean important way to resolve civil disputes and is emphasized by nationallegislation. Compared with foreign legislation, our current propertypreservation system is not mature, has problems, which affects itsfunction. Through the system of property preservation legislation andjudicial practice, this article finds the outstanding problems in practice,analyzes the cause of the problem and recommend measures.The paper is divided into three parts. The first part is mainly anoverview of the preservation of property system, the meaning andfunction of the property preservation system, and the comparison with theworld’s major countries, and then put forward the problems of ourproperty preservation system and what can learn from. The second part isto introduce the status of our property preservation system, respectively,from the set of the jurisdiction, the guarantee provisions of the preservation of property, the preservation of property up and running, thepreservation of property remedy to discuss and propose where theproblem lies. The third part is from how to determine the jurisdiction ofthe court, the amount of security, the methods of the preservation ofproperty to start the main executive body, the informing system and theapplication time, as well as how to improve the implementation and reliefprocedures of the preservation of property，and ultimately make perfectviews.