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The Problem And The Solution Of The Act Preservation

Posted on:2018-03-04Degree:MasterType:Thesis
Country:ChinaCandidate:H Y ZhangFull Text:PDF
GTID:2346330518961136Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Preservation of the system as a temporary entity before making the decision to provide temporary relief measures to be infringing,make up civil litigation as a means of relief afterwards lag specific deficiencies.Preservation system to avoid the rights and interests irreparable loss to achieve legal justice.Protection System as an institution as important as the preservation of property and the preservation system in2012 before the new "Civil Procedure Law" introduced,has been in our law can not be universally applicable.The new "Civil Procedure Law" additional act preservation system,to fill this loophole,to solve the act preservation just waiting for a particular law was absent in its upper law in embarrassment.However,the analysis of the new "Civil Law" the relevant provisions in the act preservation system,is easy to see the act preservation and property preservation Merger Regulation,can not reflect the behavior of the system itself to preserve the unique nature of legal norms too principled issues.And act preservation application requirements,guarantee provisions and review procedures,implementation procedures,the lack of relief programs specifically identified,there are a lot of room for improvement.To compensate for lack of act preservation system procedural solve specific problems identified.Act preservation shall clarify the application requirements.General requirements distinguish behavior preservation and substantive elements.Which shall act preservation of substantive elements to include behavior Injunctions,behavior and the need to preserve the interests of the measure.Special attention to counter-guarantee the preservation of the behavior problems in the guarantee.Construction of the review process on the first review of the main problems to solve,followed by clear specific ways to review,in particular,to review the way in writing and reviewing the trial mode selection.In the execution of the program,the implementation of specific measures and a clear implementation measures effectiveness against third parties.In the relief program,improve behavior preservation determination reconsideration process and compensation system.
Keywords/Search Tags:preservation, act preservation, problems and solutions
PDF Full Text Request
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