Reaserch Of Perservation Procedure Of Family Afairs

Family preservation procedure is one of civil preservation which applicable in family cases. In foreign countries, it is regarded as a special civil preservation procedure. As same as civil preservation, it has three characteristics: temporary, incidental,fast, but according to the characteristics of family cases, it need a constant adjustment, for example, family preservation pay more attention to the life regulation of family member, family preservation issue need to be more careful and judgment on the case to predict the results. Family preservation, also has the characteristics of initiative, discretion, continuity and variability. In the aspect of function, the family security has safeguard judgment, avoid danger, prevent the loss of the one party of the disputes before the judgement, and also has the life regulation, promote the solution of dispute. Family preservation and civil protection order has different nature, although they are superposition in some areas, but each has different value and function,they can not be replaced by each other.China have conducted a comprehensive revision on the civil procedure law in 2012.In the civil preservation, the civil procedure law had add act preservation, so in our countries, we build the integrity preservation system including the act preservation, property preservation and advance execution so as to lay the foundation of the application of the preservation in family cases. The application of preservation system in family cases, should be based on the characteristics of family cases, make corresponding adjustment, specifically including: at the start and end of the subject, according to the measures of preservation which apply by the party or taken by the judge, given the power to take security measures on its own initiative; in the standard of review, should according to the characteristics of different family case to decided the censorship in the necessity of preservation; In principle, family preservation are not required to provide guarantee, but there are also exception; in the cancellation, change and the relief way of family preservation, should allow the parties appeal; the right of compensation which damage by improper claim should be restrictions in family preservation areas.