On The Implementation Of The Principle Of Balance Of Legal Interests In The Preservation Of Property In Civil Litigation In China

With the gradual formation of world science and technology,economic and cultural integration pattern,China's GDP has leapt to the second place in the world,which reflects the rapid growth of science and technology and economy in china.Under the background of the great development of the national economy,the construction speed of China's market economic system is relatively slow,and there are still some imperfections in the relevant laws and regulations of civil procedure.At the same time,because of the pressure of survival competition,the excessive pursuit of social benefits,and the spiritual civilization construction of residents is once missing,and then lead to social credit crisis.Under the dual function of increasing competition pressure and social credibility,the number of civil cases involving property increases sharply,and the types of cases also show diversified trends.On this basis,the property preservation system came into being in China's civil procedure law,and its role has become increasingly prominent.Civil litigation property preservation system is a relief system for the economic security of the parties,the parties in the litigation refers to the process or the occurrence of a lawsuit,in order to protect their own interests to the relevant authorities for the implementation of freezing,seizure control and the temporary behavior of the debtor's property.Civil property preservation system,can effectively prevent the civil cases the parties for personal purposes transfer,conceal or destroy property;to minimize economic losses of the other party;protecting the legitimate rights and interests of both parties;at the same time,the property preservation system is also a civil case trial to the normal,and the results can be performed smoothly guarantee.The basis of harmonious coexistence of laws,regulations and legal practice principles is the principle of legal interest balance.Easily lead to conflict in the civil litigation law of property,so in the process of legislation of property preservation system in law must be based on the concept of equity,which is an important part of the construction of economic law in our country in the field of legal balance and non economic benefits of equity.At present,the legal interest balance of property preservation system in civil litigation needs to be further improved.