Study On The System Of Civil Property Preservation In China

Property preservation system is an important system in the Civil Procedure Law of our country.In the current market economy system is not perfect,the absence of social credit system,With the increase of property preservation cases,property preservation system is playing a more and more important role.On the one hand,the property preservation system is the effective way to ensure the smooth execution of the judgment,to solve the existing problem of "difficult to execute" has important significance;on the other hand,the property preservation system can effectively improve the efficiency of the trial,to promote the mediation of the play.The 2012 amendments to the "Civil Procedure Law" on the preservation to amend the 2015 enactment of the new "Civil Procedure Law" interpretation of preservation made a series of procedural provisions,since December 1,2016 the implementation of the "Regulations" the Supreme People’s Court on Several Issues concerning people’s court for property preservation cases,is China’s first to make the preservation of property the judicial interpretation of special provisions,is to improve China’s property preservation system.Even so,there are still many problems in the current properly preservation system,which brings inconvenience and disunity in practice.In this paper,through the theoretical research on the property preservation system,and learn the advanced experience of the legislation of various countries,problems and the reasons of China’s property preservation system,puts forward some perfecting suggestions of property preservation system.The author believes that the problems existing in the operation of property preservation system in China can be divided into two categories:one is the problems arising in the actual operation,such as the distribution of functional departments,guarantee conditions,etc.;the other is the problems caused by imperfect legal provisions.The causes of the problems are as follows:the system is imperfect,the lack of supporting design;the nature of property preservation system is not accurate;the practice of attention is not enough.The author thinks that property preservation is a dynamic procedure,the new changes brought by the Supreme Court of the"Regulations" on some issues concerning the people’s court for the preservation of property cases,the starting procedure,from the property preservation guaranty legislation,trial procedure,relief procedure four aspects puts forward some improvement suggestions.