Study On The Security Review Of The Property Preservation In The Civil Procedure

During modern judicial activities, in addition to the traditional post-damages remedy as a conventional way, the pre-relief means of preventing damages are used and paid more and more attention. In the Civil Procedure Law of the People's Republic of China, the latter means can be reflected in Judicial Practice of Property Preservation System. In order to prevent Judicial Practice of Property Preservation System from being abused, the court is supposed to carry out the guaranteed examination when judging the preserved property. This is because Judicial Practice of Property Preservation System can compensate for the lack of remedy after the event, as well as protect the legitimate rights and interests of the parties, but this may also lead to damaging the interests of the property owner and break the balance between both parties, because of abuse. Therefore, to ensure the system to protect the applicant's interests without damaging the interests of the respondent, there is no doubt that a security review places an essential role in it.On the response of the above problem, this paper, first of all, reviews the status of property preservation, especially the necessary examination of property preservation guarantee, the problems in examining different ways of guaranty and the amount of property preservation guaranty, together with judicial conditions of examining property preservation guaranty. Furthermore, this paper examines the extraterritorial legislation in property preservation system, including reviewing relevant legislation in the civil laws and British and American laws when it comes to property guarantee preservation, from which China's property guarantee preservation can benefit. Last but not the least, the author proposes to perfect the review of our property preservation from four aspects, including the necessary examination of improving the settings of the property preservation, standardizing ways of the property preservation, clarifying the amount criterion of the property preservation, and improving the provisions of replacement in property preservation.