The Improvement Of The Theory Of Act Preservation System In Civil Lawsuit

The Civil Procedure Law established the act preservation system in legislation in 2012,which filled the legal void before.In 2015,Supreme People’s Court promulgated the applicable “Civil Procedure Law”judicial interpretation,which has been clear about the amount of guarantee act preservation, the reconsideration procedure and legal circumstances terminate, and so on, to further refine the behavior preservation system, But the behavior of litigation preservation system exists on the boot program flaws, warranty provisions are flawed, review procedures, no specific legislative provisions, implementation, and releasing relief program has not been refined, such legislation is likely to occur in the future status of implementation chaos, design and arrangement of this system, there is still the need for filling and perfect and legislative space, should continue to be improved.Act preservation system has both profound theoretical value, and there was a pressing need to practice. Through the use of act preservation procedure beforehand or matter, can effectively prevent the damage occurred or further, for refinement of this system and the application, help to act preservation system to realize the expected function, thus improve the judicial decisions and to ensure the quality of the decision can be carried out smoothly in the future.In this paper, the civil procedure law and the supreme people’s court promulgated the applicable legislation content in the civil procedure law interpretation system research, analysis of the deficiency of the legislative situation in our country, and carefully examine and compare the ban on the middle of the common law system and continental law system applies, fake seizure system, find, which can be used for reference from the launcher, guarantee issue, review procedures, implementation procedures, relief aspects put forward concrete Suggestions, so as to the content of the act preservation system is able to gradually rich and colorful, and help to the standardization of operation in the judicial practice.