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Research On The Preservation Of Civil Litigation Behavior

Posted on:2019-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:C ChenFull Text:PDF
GTID:2416330566965615Subject:legal
Abstract/Summary:PDF Full Text Request
The behavior preservation system itself is based on the experience of foreign judicial experience,combined with the actual situation of China's provisional civil litigation relief system,so with the need for judicial practice,the behavior preservation system is also improving constantly.Since the civil litigation behavior preservation system was written into the <Civil Procedure Law of the People's Republic of China> in 2013,it has both development and inadequacies in legislation and judicial practice.This article is based on the problems existing in the behavior preservation system and proposes corresponding opinions and suggestions on the issues.This article distinguishes behavior preservation from other similar concepts,and classifies behavior preservation according to different aspects of behavior preservation,and makes a brief review of its development history to introduce a more comprehensive behavior preservation system.Through the analysis of relevant laws,judicial interpretations of China's current behavior preservation and some practical situations,finding the problems in our country's behavior preservation system,and in combination with foreign behavioral preservation judicial experience,to make some suggestions for the insufficiency of China's behavior preservation system.The current behavioral preservation system in China can be initiated by the court ex officio,which will undoubtedly interfere with the disposition principle of parties.In addition,jurisdiction over behavior preservation refers to the jurisdictional provisions for property preservation,and there is no legislation of behavior preservation independently.There are no precise and detailed provisions on the investigation conditions,making it difficult to implement practical operations.The guarantee system is also imperfect,so that the respondents' rights and interests cannot be protected.In the way of relief,the form is too simple to play a role in relief,and there is no provision for remedy for wrongful preservation.There is also no separate provision for the implementation of behavioral preservation.This series of legislative deficiencies make behavior preservation difficult to apply widely in judicial practice.The article advocates completely abandoning the court's practice of initiating behavioral preservation on an ex officio to ensure the disposition principle of parties is not violated,or find the method of starting the court ex officio within a certain scope;as far as possible detailed in the investigation of conditions,and established relevant standards,and apply the trial procedure;innovate the guarantee method to guarantee the connection between the behavior guarantee and the implementation;broaden the remedies,minimize the mistaken preservation,and establish the system of compensating for the mistakes;and independently stipulate the the content of implementation and improve judicial efficiency.
Keywords/Search Tags:civil litigation, behavior preservation, preservation system, preservation procedures
PDF Full Text Request
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