The Research Of Act Preservation System In Civil Procedure

The fourth Plenary Session of the 18 th CPC Central Committee made to comprehensively promote the rule of law, The general target is to form a system serving “the socialist rule of law with Chinese characteristics” and build a country under “the socialist rule of law”. The complete system of legal norms、the rule of law and efficient implementation of the system、strict supervision system of the rule of law、a strong rule of law is the rule of law security system in the meaning of the title of China. Civil Lawsuit System for the equal protection of the legitimate interests of the parties, to ensure procedural fairness and promote civil activities running is important. Thus, in 2012,China on the "Civil Procedure Law" to do a larger amendment in Chapter 9 Preservation and Advance Execution, the new behavior increases the preservation system, and has been implemented nearly four years, the judicial investigation and analysis of the application of the system case, for improving the system is particularly necessary.Throughout the judicial practice of States, in resolving civil disputes procedure, civil procedure act preservation system is playing an increasingly important role in many countries, civil law and common law are to act preservation legislation gives considerable attention. It turns out that in terms of the rights and interests protection and due process, litigation efficiency and identify the facts of the present case and the applicable principles tendency, act preservation in conflict resolution and to coordinate the interests of performance, this system is increasingly highlighting the unique role. China’s "Civil Procedure Law" is particularly increased in 2012 to preserve the behavior of the system, which to some extent, enhance the systematization and rationalization of the Civil Protection System, but a closer reading is not difficult to find, the provisions of the new law relating to representation of the system too simple, in terms of its specific application is not even clearly defined. It can be said, in terms of current civil law, legislation act preservation lag and omissions can easily lead to the presence of a large number of case proceedings can not be applied in practice and treatment, the rights of the parties and therefore not timely and effective protection.Given this situation, this paper reviewed the basic theory of act preservation system, to explore overseas research results and practical experience as a starting point, the present situation of legislation Preservation System Act of Civil Litigation and applicable, analyze its flaws, and on this basis system argued Civil procedure Protection system in distinguishing coordination with other systems, start the program, the trial process, the implementation of relief and other aspects of the specific construct.