Study Of The System Of Preserving Act Of Civil Litigation

With the continuous development of society and economy,the cases of the preservation of act of civil litigation have been increasing with years.The deficiency of the system has gradually come to light,which has made it difficult to bring its role into full play in guaranteeing the party's rights and interests and maintaining social equality and justice.In recent years,there have been vigorous explorations of theoretical research and judicial practice of the system of preserving act of civil litigation.However,the system still have a lot of deficiencies,such as the ambiguous designation and position of preserving act of civil litigation,the defects existing in its starting procedures,the deficiencies in the regulations of guaranteeing,the indefinite regulation of specific procedures of review,the indefinite procedures of execution,and the sketchy procedures of remedy,etc.Therefore,it is necessary to clarify the relationship between the system of preserving act,the system of property preservation,and the system of advance execution,to regulate the procedures of starting the system of preserving act of civil litigation,to specify the regulations on guarantee,to refine the procedures of review,and to improve the procedures of execution and the means of guarantee and remedy.The study of the system of preserving act of civil litigation not only effectively guarantees the party's rights and interests,but also further improves the efficiency of judging,enhances judicial authority,and complies with the new trend of judicial reform.