The Studies On Property Preservation Of Civil Procedure System

In China’s existing jud icial env ironment, the phenomena of parties concealing, transferring a nd damaging properties happen at times, which makes the judgment difficult to enforce and has be come a major difficulty for judicial practice. The property preservation system, as a temporary reli ef system, plays an important role in ensuring the execution of judgments and safeguarding the la wful rights and interests of litigant by attaching, seizing or controlling the debtor’s property before the end of the lawsuit. However, a late starter on the property preservation system with insufficien t theoretical studies, China has a lot of defects and deficiencies in the leg islat ion of the property pr eservation system, mainly referring to system lacking and excessive principles. Starting from anal yzing the status of China’s property preservation system, the author following the operation of the property preservation procedures and the judicial practice in Chin a puts forward the legis lat ive de fects and their causes in various procedures including start application, the trial, the imp lementat io n and the relief. In addition, the author also offers a proposal to improve China’s property preserva tion system through comparing and analyzing the provision al seizure system in the continental law system and the Anglo- Amer ican law system.The thesis is divided into four parts: the first part introduces the general tenets of China’s pro perty preservation system, mainly includ ing its conception, quality, form, feature and its guarantee effect. The second part is a comparative study of the property preservation system. Through study ing the property preservation systems in several representative nations（regions） of the continental law syste m and the Anglo- American law system including German, Japan, China’s Taiwan, America and F rance, and comparing them with China’s property preservation system, the author points out the en lightenment on improving China’s property preservation system. The third part consists of the anal yses on the defects of China’s property preservation system and their causes, analyzing the defects in the four links of the property preservation system respectively includ ing start application, the tr ial, the execution and the relief. The final part puts forward proposals on legislat ive improvement of the four links of the property preservation procedures in consideration of the existing problems i n China’s judicial practice.