Research Of Behavior Preservation System

On the basis of reference and practice of intellectual property law and the Maritime Procedure Law of the relevant legislative experience, China’s "civil procedure law" has made many changes in 2012, in which increasing the act preservation system. This is to make up our country in judicial practice only property preservation system and pre execution system of great pioneering work, has very important significance to improve the civil preservation system of our country. Though the newly revised "Civil Procedure Law" joined the act preservation system, but due to its main fusion in the original property preservation system, in the law did not reflect the act preservation system and property preservation system of different and unique, therefore in practice very easily lead to ambiguity, operability is not strong. The author combine practice, for at present our country is in the judicial practice formed the typical case analysis, thus the real reflection of the act preservation system in judicial application of the existence of the problem, and put forward the relevant suggestions according to these problems.First of all, the author compares the case one with case two in this article, and analysis the comparative behavior preservation system, the property preservation system and the first execution system to highlight the necessity and non replacement of the act preservation system; Secondly in the civil litigation law of our country establishes the applicant to start first and the court ex official startup, supplemented by the act preservation start-up mode, but according to case 3 and case analysis that, the court in accordance with the terms of the start of act preservation system in a certain extent, is to expand the discretion of judges. It is not only contrary to the basic principles of civil litigation in our country does not tell ignore ", from a certain extent is the violation of the rights of the applicant. Therefore the author suggests that should establish single subject to initiate in the act preservation system. Through the analysis of the case of Duchang, the author thinks that in the act preservation system by applicants are often at a disadvantage, especially under the environment of network infringement is often the applicant cannot be timely informed of behavior preservation ruling, so to the legitimacy of the security before litigation act preservation system, in the act preservation system added part of the debate is very necessary. Through the analysis on the case of Guangzhou Pharmaceutical Group v. JDB group, review the behavior preservation system of our country for the requested relief of specific effect, and the amount of guarantee determined. All the questions which the author mentioned before will expound the relevant concept of the system construction at the end of the paper. Hope to make some contribution to the construction of act preservation system in our country.