Research On The System Of Omission Act Preservation

With the economic development and the awakening of civil rights awareness,people pay more and more attention to the protection of their own property rights.The needs of economic development and judicial practice have promoted the sound development of the legal system of property preservation.However,behavior preservation has been neglected.Especially in the aspect of omission act preservation,academic research and legal regulation are very scarce.In daily life,people also have to face other people's violation of their legitimate rights and interests,which require us to speed up the process of omission act preservation as a way to enable rights holders to take timely and effective legal measures to stop the occurrence of violations.The newly revised Civil Procedure Law of 2012 established the system of behavior preservation in our country,which has made up for a long time the lack of the system of civil procedural preservation in our country.But not as a system of behavior preservation in the law only by the band,there is no specific procedures set,is still in its infancy.Therefore,it is necessary to conduct an in-depth study of the system of omission act preservation,analyze its characteristics and current situation,select the appropriate mode of extraterritorial reference,and promote the integrity and soundness of omission act preservation.Theoretically,in accordance with the content of behavior,behavior preservation can be divided into as act preservation and omission act preservation.This article is not aimed at act preservation because it is more overlooked than the preservation of omissions that have their own characteristics and values as act preservation.There is a clear distinction between not acting as a guarantor and acting as a guarantor of behavior.If we can't grasp the essential differences between the two and confuse them with each other and make a general study,this will not promote the improvement and perfection of the preservation system in our country,but will make the research and legislation relating to preservation more difficult.This is also the significance and value of perfecting omission act preservation.On the basis of grasping the characteristics of omission act preservation,we need to recognize the status quo of the legislation on the system of omission act preservation in our country.Although the newly revised Civil Procedural Law has made a breakthrough in the conduct of behavior preservation,we must also see that our system of conduct of behavior preservation is still at a preliminary exploration stage while we are delighted.Relevant laws and regulations are still immature.Behavioral preservation and property preservation are regulated together.The status and value of behavior preservation have not been properly demonstrated.The system of omission act preservation can only find traces in the departmental law,such as the law of intellectual property,the maritime law and the domestic violence law.In addition,academic research on inaction protection is scarce.This makes judges more overdone when they decide not to act as a guarantor of conduct,resulting in a very low rate of judicial application of inhuman acts.Such negative legislative and judicial present conditions will only result in the stagnation of our development as a system for omission act preservation.After analyzing the feature of omission act preservation and the status quo of the legislation,we can find the shortcomings and flaws of our system of omission act preservation.At present,China's academic research and legal regulations in this area are far from enough.Looking outside the domain,the two major legal systems'omission act preservation are quite complete and have their own strengths.However,it is undeniable that the two major legal systems are learning and learning from each other.In the process of perfecting the system of omission act preservation,our country can't neglect such benign interaction.It can complement each other and learn from its essence based on the interaction between the two major legal systems so as to form a system of preserving inaction with Chinese characteristics and achieve judicial steady progress of the reform.