The Research Of Act Preservation System In Civil Procedure Law

With the development of economy, society rhythm speeding up, just to take property preservation of civil litigation relief measures obviously can not meet the demands of citizens’ interests to protect and timely relief, in some cases also need to interested party of preservation, and the provisions of the act preservation in the civil procedure law, there is no doubt that is a big improvement on the civil litigation security system. But in comparison, the legislation to the system in our country is slightly lagging, there are similar rules but only in intellectual property law and maritime law field before 2012. The establishment of system, not only improve the country civil litigation rights of the parties in the field of litigation relief means, also provides the related regulations in the field of other special legislative support. And recently introduced the judicial interpretation of the civil procedure law also make further explanation on act preservation, and make act preservation tend to be more perfect.But the legislation and the judicial act preservation is still in the exploratory stage. Overseas research for such behavior, namely the false disposition of continental law system and Anglo-American law system of temporary injunction, started early and also accumulated a lot of experience in practice, formed a relatively complete system of act preservation, some of that are worth for our reference. This paper will interpret the act preservation system by giving behavior preservation concept, defining its properties and its classification, and at the same time, by comparing the provisions of the scope of the relevant act preservation system, and then combined with Chinese legislative and judicial reality, to conceive a make act preservation system which is able to give full play to its effect and safeguard the rights and interests of parties to maximize program. Behavior preservation function with the characteristics of the relief measures, the execution has the characteristics of compulsory measures, the review process and has the characteristics of the proceedings, but it is essentially a temporary relief measures. The temporary relief system claim clear and detail in the legislation; In the aspect of act preservation start, give priority to with the application, the court decided to take action according to the power save is complementary, and considering the current judicial environment in our country and appropriate limits its scope of application; In the aspect of Censorship in court, we can draw lessons from the temporary preservation appropriately and formal security form, and give full play to the discretion of the judge, in order to better achieve the result of both efficiency and fairness; In the aspect of the act preservation implementation, the court should not be confined to some implementation methods, and a variety of ways should be flexible to use, multiple departments coordination, and combined with actual situation to consider the necessity of guarantee and counter guarantee, and analyzing the specific case to ensure implementation in place; In the aspect of act preservation relief, to improve the procedures of act preservation objection, before the execution or implementation will save the probability of error, but also preserve error compensation system should be improved and the to get reasonable compensation is wrong to perform the preservation of the parties.