Research On Behavior Preservation System Before Civil Litigation

The civil act preservation in the civil procedure law is divided into two parts,which can be divided into pre-action act preservation and in-action act preservation according to the different stages of litigation.This structure was born under the impetus of the development of social economy and social order.Pre-litigation behavior preservation can prevent the further expansion of damage results,and even avoid the occurrence of some damage results,is a very effective means of prevention and relief in advance.With the rapid development of China's social economy and the continuous deepening of the reform of the judicial system,single post-relief is usually accompanied by a long litigation period,which requires a lot of energy,financial resources and manpower,and has been unable to fully meet the needs of the parties for dispute resolution.Therefore,it is necessary to combine various pre-relief approaches with it to intervene the damage that has occurred in time to prevent the expansion of the damage.The pre-litigation behavior preservation system is in conformity with the needs of the parties.The <civil procedure law of the People's Republic of China>,which came into effect on January 1,2013,has improved China's civil procedure preservation system according to this demand,and made use of behavior preservation to make up for the shortcomings of the property preservation system and the pre-execution preservation system.But everything has its two sides,we can not only see the advantages of the pre-litigation act preservation system,in the actual application,this system also has some defects.Act preservation before an action is typically the case before formally entered the stage of litigation,has not made any substantive trial,based solely on act preservation before an action whether the applicant's preliminary evidence that made a ruling shall be the act preservation before an action,while some specific cases can timely and effectively protect the rights and interests of the parties from further damage,but still would have rushed.Therefore,the application of this system should be strictly controlled.This paper aims to explore China's pre-litigation behavior preservation system.First,it defines the concept of pre-litigation behavior preservation system,so as tofurther study the nature,characteristics,functions and other characteristics of the system.On this basis,the comparative law is applied to make a comparative study of China's pre-litigation act preservation system and relevant foreign legal systems such as Anglo-American law system and continental law system,analyze the problems existing in the process of the system's operation in China,and further provide new ideas and methods to improve this system in China.In addition to the introduction and conclusion,this paper is divided into four parts.The first part is an overview of the system of civil action before action.Through the comparison of relevant systems in different legal systems,the definition of pre-litigation behavior preservation in China is pre-liminarily determined.On this basis,the characteristics,nature and functions of the system are further analyzed and discussed.From the perspective of legislative purpose and institutional connotation,this paper makes an in-depth study in order to better understand the content of pre-litigation behavior preservation system.In the second part the author select the ban on before litigation system and the Anglo-American law system represented by Germany's false measures system of the typical continental law system act preservation system in-depth research,analysis of the differences between different systems and their respective advantages,in order to gain the advanced experience in order to promote our country civil litigation before the operation and development of act preservation system.The third part analyzes the present situation of the pre-action action preservation system in China and puts forward the existing problems of the system.Through the analysis of the relevant provisions of pre-litigation act preservation in China's maritime law and intellectual property law,the author finds that the existing pre-litigation act preservation system in China has a single relief mode and cannot maintain neutrality between the parties,and other problems need to be solved urgently.The fourth part is about how to perfect our civil action preservation system.This part is based on the research of the first three parts of this paper,combined with the results of the research on pre-litigation behavior preservation,and from the three aspects of the independence of the procedure,the procedure design and the balance of the interests of the parties,puts forward Suggestions to improve the pre-litigationbehavior preservation system in China.