The Analysis Of Act Preservation Procedure In China

The revised "Civil Procedure Law" in 2012 increased the provision of the "act Preservation ", and realized the integrity and rationalization of the civil preservation system. Before the implementation of the system, there are a lot of disputes in the judicial practice are difficult to solve, the victim always win the lawsuit but lost the interests. The establishment of the act preservation can provide relief means for the infringed in time, so as to prevent the party from being difficult to make up for the damage and ensure the smooth implementation of the future judgment. There are many defects in the legislation and system design. Suggestions are put forward through the analysis to promote the perfection of the system.This article is divided into five chapters as follows:The first chapter: This chapter summarizes the concept, characteristics, principles, purpose and value of the act preservation program. At the same time, this chapter analyzes the evolution of the act preservation system in our country. This chapter also analyzes the current situation of the judicial practice of the act preservation, and finds the problems and deficiencies.The second chapter: This chapter analyzes and discusses the nature of the act preservation in the two main legal systems. In Common Law system, there are the middle injunction system in the United Kingdom and the temporary restriction order in the United States. In the continental law system, there are German and Japan’s false punishment system and France’s emergency hearing system. Through the comparative analysis of the two legal systems, it is found that there are many reference significances for act preservation procedure in our country.The third chapter: This chapter discusses the related issues of the entry condition of act preservation. This chapter describes the main body of program, form of application, and the conditions for the application. Only meet the objective and subjective elements in order to start the preservation process.The fourth chapter: In this chapter, we discuss the trial procedure and the relevant elements of the act preservation. Act preservation is a kind of special litigation procedure, which should be in accordance with its own trial method and procedure. In the process of hearing, the court needs to consider many elements of the dispute, calculate the loss of the victims, measures the parties, the third people and the public interest; determine the necessity of security.The fifth chapter: This chapter discusses the execution procedure, the reconsideration procedure and the compensation procedure. It needs to have a clear responsibility for the authorities and the appropriate way of implementation. At the same time, allows the right person to be able to apply for reconsideration. If there is a mistake, the court may revoke the preservation. Responsible person should bear the corresponding liability for compensation for the loss of the injured party in the process of trial and execution.