The Research Of The Act Preservation System In Civil Procedure

Act preservation, which is an important part of civil preservation system, has experienced a development course from scratch in the legal system in our country. The establishment of the act preservation marks that civil preservation system has been mature, perfect and reasonable in our country. However, the regulation in "civil procedure law" is relatively simple and deficient. Therefore, in this paper, starting from the basic theory of act preservation, taking legislation experience of typical countries in both Anglo-American law system and continental law system for lessons and reviewing the act preservation in our country’s present legal system, several reasonable suggestions to improve the act preservation have been put forward. Specific content is as follows:The first chapter is about the basic theories of act preservation, mainly including two aspects: one is the theories of connotation definition of act preservation in our country, based on the background the concept of act preservation was put forward. Through the comparative analysis, act preservation is defined as a special generalized program; The second is to differentiate and analyze act preservation with the related concepts of the civil procedure law, which are property preservation and advance execution. It reflects the unique value of act preservation.The second chapter is to learn form foreign legislation. This chapter comprehensively analyzes legal provision in typical countries of the Anglo-American law system and continental law system. The common law countries use injunction and the civil law countries have developed various modes, such as conservatory measures of German, Japan and Taiwan, emergency proceedings of France and preservation system of Russia. Contraposed the advanced legislative experience of these countries could draw enlightenment on act preservation legislation in our country.The third chapter is analysis of act preservation present legislation in our country. This chapter inspects the history and legislative design of the act preservation in our country, analyzes the legislation content of current civil procedure law and points out that there are some problems in the system, procedures, rules, protection of the rights and relief measures, etc.The fourth chapter is the assumption to improve the act preservation. Based on China’s existing legal framework, in view of review of the third chapter, this chapter puts forward some specific suggestions, which emphatically discuss the applicable condition of act preservation, and put forward the specific procedures of trial mechanism, guarantees, execution, relief and remove. I hope these suggestions could provide reference for further perfect of act preservation.