Application Of Civil Behavion Preservation And Its Relief Research

Civil preservation is to point to in the civil lawsuit,in order to avoid damage to the interests of the parties,or expand damage much party for relevant parties apply to the court or the court to order according to the power or not for a certain behavior of civil special procedure.In the civil procedure law of the People's Republic of China,which was amended in 2012,the system of behavior preservation has been increased,which has certain progressive significance for the systematization of China's security system.But the act preservation system as an important civil preservation system,not one or two law can cover,about the relevant provisions of the act preservation system is a bit simple,even blank,there are filled,the necessity and the urgency to improve,this is also in this paper,the cause for this topic.With the rapidly advancing civil action under the rule of law in our country at present,with the citizen's legal consciousness gradually enhanced,civil preservation application in civil litigation will be more and more,and civil preservation as an important part of the preservation system,will also get great applicable in social life and development.In order to play its functions,the system should speed up its construction and improve the legal provisions of this system in various fields to solve all kinds of contradictions brought by civil litigation.This is also the original intention of the author to write about the question of civil action preservation system and related remedy way.At the time of writing,the writer reviewed this paper topics related theory of law,laws and regulations,court decision,in the process of access to information extracted reality problems,these problems summarized behavior preservation applicants apply for error,behavior preservation court ruled that a fault and preservation ruling error solution these three aspects.The author considered in selecting each argument is the most common and most controversial in real case happened,in selected cases,also to the case whether to represent a kind of act preservation problems arising from the applicable standard.This article cites a total three typical cases in the field of civil preservation,cases are from the real court decisions,the author through the analysis of the case,and combined with the current laws and regulations,legal theory and civil preservation of civil lawsuit applicable advice on the solution of the error.By comprehensive analysis,the author discusses three problems,summarize the conclusions are as follows: the author thinks that,since the provisions of civil preservation system,the problem of frequent,rectify their behavior security criterion is unknown reasons,three security system mutual confusion,review the void content is simple,the judge ruled mechanical,emergency situation expanded criteria,the relief way of a single,etc.,to solve these problems,the author puts forward behavior and objective unified criterion,fixed behavior preservation type,written content for trial,interest measure and the application of the proportion principle,determine an emergency standards and improve the behavior preservation relief and compensation ways and so on,to perfect the civil preservation system applicable standards,strict review process,to the rule of law construction of our country.