Analysis And Improvement Of The Status Quo Of Litigation Preservation In Civil Litigation

The system of behavioral preservation consists of pre-action behavior preservation system and action-taking system,which is produced and developed at a certain social development needs.The pre-action behavior preservation system has the effect of preventing the occurrence of damage or the expansion of the loss,and it belongs to the precautionary relief means in advance.However,with the rapid development of China's market economy,combined with the process of advancing the rule of law,the pace of judicial reform is also steadily advancing,the protection of the rights of the parties not only need litigation as the representative of the means of remedy for the dispute solution,the pre-action security can meet the needs of the parties if the loss has been suffered or the means of remedy for the effective prevention of the occurrence of the infringement.But the same thing to note is that the pre-action behavior,even if there are thousands of good,can not guarantee perfect,the flaws of its existence is obvious.For example,the court is in the parties before the proceedings,and is not in the trial,only based on the preliminary proof of the parties to make a pre-action to determine the ruling,there is a clear review of the urgent,not evidence is not self-evident,so its application for strict control,is conducive to pre-action behavior preservation system made great progress.This paper first explores the concept of pre-action behavior preservation system,and then analyzes and explores the institutional significance of the system by further analyzing and exploring the nature,characteristics,functions and system design of the pre-action behavior preservation system.And the basis of legal basis,contrast and learn from the foreign countries before the action to protect the relevant provisions of the system,to improve our pre-action behavior preservation system put forward their own ideas,hoping to protect the operation of our pre-action benefit.In addition to the introduction and conclusion,this paper is divided into four parts.The first chapter is an overview of the pre-action preservation system.This chapter firstly explores the meaning of pre-action behavior preservation and compares the relevant concepts,and then analyzes the characteristics,nature and function of the system in order to analyze the pre-action behavior preservation system and better understand its legislation original intention and system.The second chapter is the present situation and the existing problems of the preconditions preservation system of civil litigation in our country.This chapter describes in detail the provisions of the Maritime Special Procedure Law,the Intellectual Property Law and the New Civil Procedure Law on the pre-action behavior preservation system.It can be seen that the pre-action behavior preservation system exists in the form of relief,the deviation of the interests of the parties,criteria for serious review of the system.The third chapter is about the foreign countries on the pre-action preservation system of the relevant provisions.This paper makes a detailed exposition of the system of pre-moratorium and the system of civil law system,and analyzes their advantages and disadvantages,hoping to play a role in the development of the system of pre-action protection.The fourth chapter is the perfection and suggestion of the system of preconditioning of civil litigation in our country.This chapter is based on the analysis of the first,second and third chapter,based on the study of foreign and domestic pre-action behavior preservation system,put forward the improvement of the pre-action security system.