Study Of The System Of Property Preservation Prior To Civil Litigation

In 2012,the provisions that the party can apply for property preservation prior to litigation before the arbitration and the time limit for the applicant to file a lawsuit or arbitration can be extended to 30 days have been added to the system of property preservation prior to civil litigation in the modified Civil Procedure Law.In 2015,with the issue of the People's Supreme Court's Interpretation on Implementing the Civil Procedure Law of the People's Republic of China,the provision have been made explicit that the measures of property preservation can be taken to the debtor's due gains,due creditor's rights,object of pledge,collateral object,or retained object.On December 1,2016,the People's Supreme Court's Provision Concerning Several Issues for the People's Court to Try the Cases of Property Preservation went into effect,which provides that he who applies for preservation can provide warranty for property preservation by signing the liability insurance contract for property preservation.These provisions protect the interested party's legitimate rights and interests.However,there are still some deficiencies existing in the system of property preservation prior to civil litigation in our country.For example,the time limit for filing an action and arbitration has no distinction,the special conditions of the party are not considered at all,and the preservation prior to litigation must provide warranty,etc.The improvement of our country's system of property preservation prior to civil litigation needs the legislation on its warranty system,remedy procedures,time limit for filing an action or arbitration,the connection of preservation procedures and judicial procedures and other relevant supporting measures.In this way,the system can play an important role in promoting the parties'settlement,solving the disputes to reduce the caseload of the court,realizing the legitimate rights and interests of the party in a short time,solving the difficulty of enforcing the judgment of the court,and building a harmonious society.