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On China's Civil Litigation Behavior Preservation System

Posted on:2020-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:H P ChenFull Text:PDF
GTID:2416330590456623Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Civil litigation usually protects right holders by means of ex post relief.The lag of the proceedings itself may result in the inability to give rights holders relief in a timely and effective manner.After the proceedings are terminated,the legitimate rights and interests of the rights holders may suffer enormous damage..The civil behavior preservation system acts as a remedy for the infringer temporarily before the substantive judgment is made,which makes up for the deficiencies of the civil litigation as a post-response remedy,and to some extent reduces the damage suffered by the parties in civil disputes.It also makes the final judgment effective.In 2012,China's "Civil Procedure Law" added a behavioral preservation system,which made China's civil behavior preservation system perfect,but its relevant legislative provisions are not clear and clear.This paper argues that the main body of the behavioral preservation system is mainly the parties,and the courts supplement the ex officio.The court examines the confrontational and debate-style ways of equal litigation rights of both parties,and clarifies the key content of the substantive examination of the court as the verdict of the probabilistic standard.,Determine the amount of guarantees by means of the measure of interest and the outcome of the verdict,and increase the appeal remedy to protect the final rights of the parties.Let the behavior preservation system play its due role and protect the legitimate rights of the parties.
Keywords/Search Tags:Behavior preservation, Equal rights, Procedural justice, Benefit measurement
PDF Full Text Request
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