Study Of The System Of Preservation And Security Of Civil Litigation

The fundamental reason for establishing the system of preservation and security of civil litigation is to coordinate the implementation of the system of procedural preservation and to prevent the party against whom an application is filed from losing legitimate rights and interests as a result of wrong preservation.Compared with the system of civil preservation,the system of procedural preservation and security is paid less attention among theorists and its regulations are relatively general,which results in some problems,such as its chaotic representation in the operation of judicial practice,high requirements,various forms,simple procedures for reviewing its necessity,non-uniform amount standards,etc.The comparative research of similar systems of foreign countries is helpful to improve the system of procedural preservation and security of civil litigation of our country.In order to solve the problems existing in the system,the contents of the review of necessity for the procedural preservation and security should be made explicit,the procedures for the review of necessity for procedural preservation and security should be improved,the term of validity and the scope of liability for security of theprocedural preservation and security should be defined and the modes of the procedural preservation and security should be regulated through the design of the system and its judicial operation.The improvement of the system of preservation and security of civil litigation is able to effectively balance the state of both parties,avoid the debtor's loss owing to the creditor's abuse of procedural rights,improve the efficiency of civil litigation and promote the realization of social equity and justice.