On The Behavior Preservation System In Civil Litigation In China

In 2012,when the Civil Procedure Law was revised,the system of act preservation was established for the first time.Subsequently,the Supreme People's Court issued the interpretation on the application of the Civil Procedure Law of the people's Republic of China(hereafter referred to as the "interpretation"),and made a perfect system of act preservation.However,there are still many defects and imperfections in the system of act preservation in our country.This paper will discuss some problems existing in the system of act preservation.And on the basis of analyzing and drawing lessons from the relevant provisions of foreign countries,the author will give some suggestions on further improvement of the system of act preservation.Specific contents are as follows:The first chapter is about the category of the act preservation.This chapter mainly includes four aspects.First of all,the specific content of the act preservation is fixed.Secondly,compared and analyzed with the related system,mainly with the property preservation,act preservation and advance execution.According to the comparison of their characteristics,find out the similarities and differences with the other systems,and reflect the uniqueness of act preservation.Thirdly,it analyzes the characteristics of the system of act preservation.It has the features of hypothetical nature,emergency,simplicity and attached property.Finally,this paper analyzes the value of the act preservation system,which has the function of realizing the substantive justice,ensuring the procedural justice,maintaining the judicial authority and ensuring the execution of the judgment to a certain extent.The second chapter mainly introduces the present situation and existing problems of the act preservation system in our country.Through the carding of the legislative changes in our country,the origin of the act preservation in our country is clarified.Then by combing the specific provisions of the existing law,we found that there are many defects in the current system of our country.The third chapter is about the comparison of the relevant systems in the domain of foreign typical countries and inspirations.This paper starts from two aspects of common law and continental law system.Firstly analyzes the Interlocutory injunction of Britain and the injunction system of the U.S.A,then analyzes the emergency trial procedure of France,the conservatory measures in litigation of Germany and the conservatory measures in litigation in Japan,which is similar with Germany.Finally,through the comparison of the act preservation system in the two legal system,we can draw lessons from the regulations and patterns,in order to support thesuggestions in the following part.The fourth chapter is about the suggestions of perfecting act preservation system in our country.Based on the existing regulations in our country,combined with the problems in the legislation,and draw lessons from the inspiration of overseas,the author makes suggestions from the parts of instituting,start,review,guarantee,decision,execution and relief of act preservation system.