The Research About The Behavior Preservation In The Civil Litigation

In 2012 year,the new revision of the civil procedure law in the civil preservation increased the behavior preservation,Subsequently,the supreme people's court on the applicable < the civil procedure law of the People's Republic of China > the interpretation and further specifications in the application of behavior preservation,civil behavior preservation system in our country from scratch and constantly developed and improved.The behavior of the new security has also attracted a wide attention in the academic field and practice field and research,so the author attempts to based on the existing research results,the research analysis of the specific judicial practice,understanding and analysis of the system of behavior preservation system,and tries to put forward to perfect the behavior preservation system,in order to can better apply in practice in the future behavior preservation system.This paper consists of introduction and body of four chapters.Summary of civil litigation behavior preservation system in first chapter,this chapter discusses from three sections,section 1 of the historical evolution of the civil litigation behavior preservation system in China during the period of the republic of China "false disposition" system,our country "maritime injunction" and "ban" before litigation system and the current "civil procedure law" to establish behavior preservation,to save the conception of civil action in the second quarter,from the concept of behavior preservation and the analysis and comparing the related system;The third section discusses the characteristics of behavior preservation;The fourth section discusses the function and value of behavior preservation.The second chapter for the behavior preservation system in civil lawsuit for present situation and existing problems,this chapter will introduce system about behavior preservation system in civil procedure law of our country's procedural design,including: 1.jurisdiction;2.guarantee;3.review,ruling;4,implementation;5.lifting,and relief.Analysis of the problems in the behavior preservation system in civil lawsuit apply,mainly from the following several aspects: 1.save system less rigorous;2.the launcher flaws;3.review process exists defects;4.relief program compensation has been refined.Third chapter outside civil litigation behavior preservation system inspection and enlightenment,mainly analyzes the behavior preservation system of common law countries and continental law system countries behavior preservation system,including the UK in the middle of the ban system,system of temporary injunction and preliminary injunction system in the United States,Germany,Japan,France's emergency proceedings behavior preservation system,mainly through the literature data to understand the behavior of the comments on the major countries of two important legal systems was introduced and protection procedures,try to through the analysis of outside countries behavior preservation system to inspire the construction of behavior preservation system in our country: 1.the property preservation system is regulated respectively;2.balance the rights of the parties;3.establish behavior preservation case guidance system.The fourth chapter consummates our country civil litigation behavior preservation system,this chapter mainly combines the existing regulations and applicable situation put forward the improvement of the preliminary conception,including: 1.start the main body of behavior preservation;2.behavior,security guarantee,this part includes to provide assurance for the principle,way and amount,the legal consequence of counter guarantee;Review 3.behavior preservation,including review and audit contents,execution of behavior preservation measures and its force and its effect on the third person;4.and preservation of relief that behaviour,including the reconsideration and compensation of behavior preservation.The last is the conclusion.