Apply Of Civil Procedure Injunction

Injunction System means that in civil proceedings, in order to prevent and restrain the infringement acts damaging the interests of the party or interested person, as well as the full execution of a final judgment, the judge can take coercive measures against the danger of infringement actions taken by the respondent according to the applicant’s application or by ex officio.It can be divided into preliminary injunction and injunction because using in different procedure stages.This system began in ancient Rome times,from then on jurists pay attention to the unique value of the system-prevent damages in advance, avoid the damages caused by long and complex litigation;ensure the full execution of final judgment;and solve problems in juridical practice with property preservation,countries have also developed their own injunction system, such as the preliminary system in UK,USA,Germany and Japan,etc. For the injunction against the parties’ behavior, compared with the property preservation is more stringent,and the property preservation can still play a protective role,so this system has not been included in our Code of Civil Procedure. The more rapid development of society and economy, the more complicate civil disputes,it becomes inevitable that injunction added into law, the Civil Procedure Law revised in 2012 formalize it legal status officially. This revision not only provides higher law support to our existing system such as personal safety protection order, but also at the beginning of the implementation it reflects the enormous potential to protect the legitimate rights of litigants and to support the Court’s work. However, due to this revision still followed the previous general principles of legislative model,the Code of Civil Procedure did not explain the detailed rule,and stipulate injunction and property preservation unified,it is hard to highlight the independent value of injunction system and could easily lead to difficulties in understanding and application for judicial workers.The main purpose of this paper is to clear three major problems in act preservation,the one is its scope, namely which cases of civil disputes can apply act preservation,the second is principles, which the judge in the trial need to follow,the last one is its applicable procedure, namely each particular stage in act preservation.The thesis is divided into three parts:the preface,main text body and conclusion.There are four parts in the main text body.They are as follows:The first chapter describes the current legislation and judicial practice situation in our country of act preservation. First summarize laws including injunction in our country; secondly introduced after the implementation of the new Code of Civil Procedure, the situation which people courts at all levels apply act preservation, analyze its characteristics, point each species specific issues,clear research necessity.The second chapter describes the intention of act preservation. First,get help from the traditional civil law theory, analyze whether the debt inviolability can invade the injunction apply in when relative right get damaged.It come to the conclusion that this system can be applied in all types of cases no matter relative rights or absolute right; Secondly, it analyzes at the beginning of its using, under inexperienced situation,which characteristics the cases most likely to use injunction have.The third chapter of injunction based on the current legislative situation,explore the principles which judicial workers applying injunction should abide by.It can divided into two parts:the "software" and "hardware". First, when judges decide disputes,they should equal the conflict of soft power in cases- that is,balance the various contradictions and strive to achieve a balance equal protection; secondly from the hardware side to regulate overall-the design of proceedings- and ensure the justice can be reached in visible ways.The four chapter using suitable methods mentioned above,gives a detailed description for the issues in the appliance of act preservation. It Includes the jurisdiction of the court,start, review methods, review standards, guarantees, execution,relief, litigation and the manner of arbitration injunction turn into procedure injunction.