The Research Of Injunction System In Civil Procedure

Injunction system originated from Roman law. In the developing process, it has become an important relief system in civil procedure law, which received attention of many countries. There are distinguishing specific rules, names, relevant procedures of the Injunction system between the continental law system and Anglo-American law system. However, their purposes are the same:to protect the lawful rights and interests of the parties, to ensure effective implementation and enforcement of the binding judgments of courts. In civil law system,Germany’s Conservatory Measures and Emergency Proceedings in France. In Anglo-American law system, the most representative is Interlocutory Junction system in England and Provisional Injunction System, Preliminary Injunction System in the United States.Civil procedure law of the Injunction system is mainly embodied in the modification of Law of Civil Procedure in 2012 and the implement of the supreme people’s court on the interpretation of the civil procedure law of the People’s Republic of China, which began on February 4,2015. Injunction system for the parties provides a timely and urgent temporary rights relief way, so as to avoid or reduce the damage of their rights and interests, to safeguard the effective implementation of the court’s binding judgment in the future.Injunction system can make up the shortage of the normal procedure,safeguard the judicial authority and help to solve the disputes and so forth. Through comparison of the legislation of the Injunction system between the continental law system countries and Anglo-American law system countries, combined with the legislative status of The Civil Procedure Law in our country. This article is divided into four sections:Section One is to define the concepts and characteristics of civil litigation Injunction system, analyze its main features, and put forward the general value of the Injunction system.Section Two is to study the Injunction system of the continental law system and Anglo-American law system, with stress on the legislation of the main countries of the two law systems and summarize the common features, advanced concepts and laws of the Injunction system.Section Three is to illustrate the legislation of Civil Procedural Law, and evaluate the shortage of the legislation.Section Four is to concretely illustrate the points that should be perfected about the legislation of the Injunction system. To maximum the value of the Injunction system, not only special value of Injunction should be highlighted in the legislative philosophy, but the concrete program design should be constantly improved, and the start of the trial and execution relief and other related issues of Injunction should be cleared to promote the value of Injunction system.