The Studying Of The Effectiveness On The System Of The Pre-litigation Preservation Of Property

The property preservation system in our country is composed of two parts: property preservation system before litigation and property preservation system in the litigation.The most common point is that both of the temporary and restrictive me assures for respondent' property to taken to protect the lawful rights and interests of applicant.Relatively speaking,property preservation before litigation is more far-reaching influence on guaranteeing the interestsof parties,because the property preservation before litigation can make the judicature to intervene the field of civil disputes in advance.It can apply to the court for property preservation,as long as the applicant provides corresponding guarantee,and meet the necessary conditions for the preservation of property,and protect their own lawful rights and interests.Because judicature intervene in advance,on the one hand,it will make the debtor illegally increase the cost,and give up actively to the illegal behavior of theapplicant i n advance.The judici al resources get reasonable saving,becaus e the civil dispute before proceeding.on the other hand,if the respondent doesn't give up the previous illegal behavior,the applicant can engage in a lawsuit within reasonable after the property preservation proceedings.After the trial of the court,once the applicant was in favor of the decision.Because it appeal to take restrictive measures to the property of the debtor before litigation.The decision can be carried out smooth ly,and won't have the difficult implementation problems.This article is divided into four parts.the first part introduces the basic category of property of the property preservation system before litigation.Compared with the concept of the property preservation system before litigation and other related systems,expounded the characteristics and effectiveness of system,The second part ill ustrates the comparison and reference of the property preservation system of the two legal systems.First of all,it analyzes and compared the current situation of the system of property preservation in the two legal systems,and then summarizes the common points of the property preservation system of the two legal systems.Through the analysis and summary,expounds the property preservation system of the two legal systems has the practical implications for the Civil Procedure Law in our county before the property preservation system.The third part describes the practical considerations of the property preservation system of China's civil procedure.In this p aper,we analyze some problems in the trial of civil property preservation cases,it,can find out the defects and analyze the underlying reasons.The fourth part is about the construction of the system of property preservation before litigation.It introduces the specific ways to achieve the improvement of system to discuss by taking relevant measures.