The Action Preservation In Civil Procedure

The preservation of civil procedure can be divided into property preservation and action preservation in accordance with its point to different objects. There is no special provisions about action preservation in civil procedure law for a long time. At the beginning of this century, to fulfill the "WTO" duty, The Intellectual property law provides for pre-litigation injunctions while Maritime procedure law provides for the maritime injunction. In fact, in order to protect the litigant from damage or ensure the execution of a judgment, we should also order one litigant to do or not to do something. The absence of action preservation system, is a regret of the civil procedure legislation. In the civil procedure law amended in2012, the ninth chapter "property preservation and execution" changed its name to "preserve and advance execution", some relevant provisions were revised and improved. The act preservation system discussed by scholars for many years was introduced in the civil procedure, the new system require further development, modification and perfection in the juridical practice, the author’s original intention of writing is make a tentative study on the concept, characteristics of the action preservation,and introduce relevant laws and judicial practice on action preservation from foreign counties,so as to providing some suggestions on the improvement of the new system.