Improvement Of Pre-ligation Behavior Preservation System

Pre-ligation behavior preservation system is an important part of the behavior preservation system, whose features are preventing the occurrence of the infringements or the expansion of the infringements consequences. And it belongs to preventive remedies, different from traditional compensation or punishment or other customary ways for compensation and reliefs. Compared with traditional remedies, it has a natural advantage. However, we should also notice that the pre-litigation behavior protection verdict is made before the trial of the court. It can be unjust and we should therefore control it strictly.Therefore, this thesis proceeds from China’s laws on the pre-ligation behavior preservation system and illustrates its system value. And the thesis makes an in-depth analysis on its concept, nature, program design and other aspects. Ultimately, the hypothesis on improving such a system is proposed. The main body of the thesis can be divided into three chapters.Chapter 1 is about the basic theories of the pre-ligation behavior preservation system. Firstly, it specifies the definition of pre-litigation behavior preservation. Secondly, it clarifies the nature of the special proceedings of pre-litigation behavior preservation system in China; finally, it illustrates the functions of pre-litigation behavior preservation system.Chapter 2 is about the status quo and shortcomings of China’s pre-litigation behavior preservation system. And the analysis on the pre-litigation behavior preservation system is made mainly from the following three aspects: the legislative status quo of maritime injunction, the legislative status quo of intellectual property pre-litigation injunction and provisions about pre-litigation behavior preservation in China’s new civil procedure act. After that, the chapter points out the shortcomings in China’s pre-litigation behavior preservation system such as lack of system independence and abstractness of procedures and rules design.Chapter 3 is about the improvement of China’s pre-litigation behavior preservation system. This chapter is based on the analyses made in the first two chapters. Combined with relevant system constructions in foreign countries, the chapter puts forward corresponding suggestions for further improvement.