Research On The Application Of Preservation Of Civil Litigation Behavior In China

In modern society ruled by law, people are intending to use civil suit to dispel dispute in order to protect their own legal rights. Hysteretic nature is civil suit's built-in attribute. So civil suit as afterwards relief measurement usually can't protect the litigant's rights on time. There is a proverb in western countries that the delayed justice is not justice. In order to overcome the civil litigation's hysteretic nature defect, securing the litigant's legal rights on time and finally fulfilled. The temporary relief system emerged as the times require and the civil procedure act prevention is one of them.Ancient roman times are the act preservation budding stage. That period's writ of prohibition is similar to today's act prevention. With its development, some foreign countries has long established modern act prevention system and is quite well developed now. but in China, this policy is missing for quite long time, in 2012, for the first time to put the act prevention system into the revised? civil procedure law? and it has great epoch-making significance in China civil law suiting. But the act prevention definition and system requirement in ?civil procedure law ? are unclear especially its application regulation is not in details and specific. For some part even in blank stage. This legistive law-making default has made the act prevention regulation difficult in application and in real practice.The thesis contains three parts:The first part is that after the issuing and effective of the new revised ?civil procedure law?,stating the basic theory of the act prevention regulation including the conception, characteristics, law identity, value etc.The second part to state the civil procedure act prevention situation. Through law-making and legistive practice two sides' analysis to include and find the problem during the practice and application in our country's current act prevention policy.The third part is that within our institutional framework, in view of the existing problem, to propose the suggestion to improve and perfect the civil procedure act prevention specific application including commissioning body, guarantee, investigation, implementation, relief.