The Perfection Of China's Civil Action Preservation System

The focus of this article is to analyze the relevant provisions of the revised civil procedure law,with the aim of finding the deficiencies in the legislation of the protection of behavior.The analysis of the legal norms can not be separated from the jurisprudence.Therefore,this article begins with the development and evolution of the behavior preservation,briefly introduces the causes of the middle injunction in the Anglo American law system and the false sanction of the continental law system,the function and the structure of the procedure.These experiences play an important role in perfecting our behavior preservation system,and lay a foundation for the perfection of the latter part of this article.The nature of behavior preservation determines the direction of the construction and perfection of our country's behavior preservation system,and determines what role the behavior preservation of our country should play,such as the application of the system of preservation of behavior.Therefore,this paper analyses the related theories of the behavior preservation and the characteristics of the system of behavior preservation.The behavior preservation system is qualitatively analyzed,including: behavior preservation is a special litigation procedure,independent of litigation procedure,and a temporary relief procedure.In particular,the behavior preservation procedure is independent of the nature of the proceedings,which determines the difference between the procedures of the initiation,jurisdiction,trial,execution and relief of the preservation of the act and the proceedings of the case.This article is divided into five chapters.The first chapter "Introduction" mainly deals with the basis of the thesis selection;the second chapter "the evolution of behavior preservation" : the development and evolution process of China's civil action preservation system is mainly introduced;the third chapter: "the theoretical basis of behavior preservation" : the analysis of the nature and characteristics of behavior preservation and the protection of behavior.The qualitative of the degree,the behavior preservation as a special procedure,independent of the litigation procedure,is a temporary relief system;the fourth chapter,"the present situation and the deficiency of our country's behavior preservation",mainly introduces the legislative provisions of our country'sbehavior preservation system,as well as the shortcomings in the legislation,and the starting and applying conditions around the behavior preservation.The provisions of jurisdiction,trial,guarantee,execution,relief and so on,and in the fifth chapter,put forward the perfect conception for the insufficiency.The fourth chapter and the fifth chapter are the important parts of this article,and also the foothold of this article.