Systematic Study On Act Preservation In Civil Procedure

Act Preservation is the new content in the civil procedure law of thePeople’s Republic of China modified in2012. The act preservation is set up to protectapplicant’s legitimate rights and interests from continuous damage or ensure smoothexecution by prohibit the respondent not to do something or force the respondent todo something. Meanwhile, the new content also completes the preservation system ofour country.However, the civil procedure law lack the concrete and targeted regulationsrelated to the act preservation. Property preservation and act preservation are stillregulated in the same law. Therefore, many regulations are the same with the contentprovided in the property preservations. Since there are many aspects in originalproperty preservation system such as guarantee, proceeding and relief needed to bemore completed. Meanwhile, the civil procedure law lacks the parts specially focus onthe act preservation. Based on the background above, the smooth enforcement of actpreservation meets with big obstacle. Therefore, the author plans to analyze thecurrent act preservation, and find out related and proper suggestions.On the whole, the structure consists of introduction, text part and the conclusivepart. The introduction explains background and meaning of the topic. Besides, itsummarizes the success and failure of act preservation through literature review.Finally, the structure of the text part can be worked out.The text part combined with three chapters. First of all is the background for raising the systematic idea of act preservation in our country. The second are thehorizontal and vertical contrasts of the act preservation at home and abroad. The thirdis concrete conception of the act preservation. Specially speaking, the currentshortcomings concluded from the analysis of the new civil procedure law originallyfrom the Supreme People’s Court, the seminars of the courts and the academic papers.The problems can be mainly divided into two sections. Above all is the shortage oflaw over the act preservation, secondly are the three points surrounded with theoperation of act preservation: the whole problems of the act preservation, the specificproblems during the application and the problems after application.The second chapter is in order to make horizontal and vertical research of the actpreservation at home and abroad, to sum up the experience according to these actpreservation, and finally to prepare for the system construction.In the third chapter, author reaffirm the viewpoint that the accuracy andtimeliness should both be taken into consideration during the application of the actpreservation. Besides, the specific principles of act preservation are conceived. Atthe end of the third chapter, the corresponding advices are come up with based on theresearch above.In conclusion, the author hopes to make a total summarization of the problemsexisted in the act preservations on one hand. On the other hand, find ways to solve thecurrent problems and raise the suggestions to complete the act preservation throughmaking a contrast and referring to the experience of the act preservation at home andabroad. Meanwhile, the author also raised the act preservation should be continuouslyrevised and perfect combined with the fact, so as to realize the legislative purpose ofact preservation system.