Research On Civil Litigation Act Preservation System In Our Country With The Problems And Consummation Countermeasure

Refers to the act preservation core contents for banned on the implementation of some behavior, the purpose is to protect the rights and interests of the victim. Act preservation are put forward from Roman law banned writ the earliest, is a very ancient lawsuit system. But with the development of litigation in practice, in order to make up for a lack of common law in the relief, the ban on the parties to provide relief of the court of chancery, eventually become a ban on the middle of the Anglo-American law system. Germany is a delegate with continental law system, through the practice of development to develop a false measures system, eventually ban system and applies system become a real modern security system. Civil litigation is the way through litigation to resolve disputes, protect the lawful civil rights and interests of the parties, but, after all, it is a means of relief afterwards, can't timely relief rights, with a lag. Usually when the case after the procedure, the lawful rights and interests of the parties has suffered irreparable loss, also may not be able to make up for. Significant importance, therefore, the act preservation system in litigation, it can make up for the lawsuit relief lag, ensure the smooth execution of judgment to prevent long lawsuit greater damage to the rights and interests of the parties.In 2000 and 2001, the revised patent law, trademark law and copyright law, increase the "interim measures" before litigation, which marks the has shape on act preservation system in our country. In January 2013, the new revision of the civil procedure law the act preservation system confirmed final legal form. New revision of the civil procedure law, however, are only a few be ordinance, the content is coarser, even has the feeling of confusion with property preservation apply, as for the special needs of act preservation related but does not rule. Not only that, a few pen also did not explicitly behavior preservation law applicable condition, applicable scope, examination procedures, methods and procedures applicable stage, implementation measures and the benefits compensation and so on, these loopholes allow of act preservation system in our country in practice has been difficult to operate and chaos in distress situation.Paper started from the basic theory of act preservation, interpreting the current legislation of act preservation, analyzing the defects of legislation and the problems in practice. By studying of the legislation of foreign, we can refer the forte. After that, there are some proposals of completing the legislation in China in this paper.