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Concerning The Act Preservation System In Civil Lawsuit

Posted on:2015-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:W HanFull Text:PDF
GTID:2296330422977891Subject:Law
Abstract/Summary:PDF Full Text Request
The concept of Preservation System in Civil Lawsuit was firstly proposed byprofessor Xiao Jianguo and Jiang Wei. They are coauthor. It is an important symbolof building a legal state on improving preservation system. Meanwhile, it is a trendon consummating Chinese legal system. We demand to complete and improve ourlegal system and make progress on civil procedural law with Chinese economicrapidly development. So, there are very important meanings on research preservationsystem in civil lawsuit at this special moment. However, the deficiency and shortageof legislation has quietly exposed. Then, no matter what theorists and practitionerboth required building and improving Chinese preservation system in civil lawsuit.Property preservation system has relevant rule at Chinese legal system, however,action preservation system has no clear regulation. Unlike this legal system, there areproperty preservation and action preservation system on foreign countries. Bothpreservation system can better protect and defend related interest and right.Obviously, many cases can’t get remedy and relief as no clear rule on preservation inChinese civil procedural law. To be better portent and defend related rights, it isnecessary to research and build both preservation system, not just propertypreservation system.Although it was mentioned at the revised manuscript of civil procedural law,action preservation system can’t still be met to deal with the currently many cases,such as case on medical expenses and child support. So, it is the only way tointensify action preservation by legislation, not only count on regulation orordinance. Then it focus on legislation suggestion on action preservation system atthe fourth part in this thesis. To build a system like property preservation systemthrough many methods like warranties, legal relief, verdict and implement.
Keywords/Search Tags:civil procedure, act preservation, property preservation, interlocutoryinjunction, perfect system
PDF Full Text Request
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