Study On The System Of Property Preservation Of Civil Procedure Of China

Against the background of imperfect Chinese market economy and the lack of credit,the establishment of property preservation system makes an irreplaceable role to prevent litigants from transferring,hiding,damaging or squandering properties,protect the legal right of parties and ensure the execution of judgement.Nevertheless,judicial practice shows that our property preservation system exits shortages and deficiencies in legislation.Part of property preservation norms are careless,which leads to some problems of applicabilities in practice.Author analyses the legislative evolution,current status,practice drawbacks and causes of obstacles of property preservation system,starting from the legal nature and fuction.Meanwhile,we propound suggestions to hierarchically set up our property preservation condition,perfect property preservation warranties,define efficiency of the property preservation ruling and unify property preservation error,in order to safeguard legitimate interests of the parties and facilitate the smooth proceedings of civil procedure.