Analysis And System Improvement Of Civil Litigation Preservation And Relief Practice

As apply for civil litigation preservation become the norm in the choice of litigation preservation by the applicant and the interested party’s right remedy procedure fause and anomie,and many other problems have been highlighted in practice,because the litigation preservation is not based on effective judgment,but occur in the lawsuit,the result of the cases in an unknown state,but save behavior itself is a kind of compulsory measure,this will inevitably lead to protect the rights and interests of the other party or the interested party affected by the negative.Through the platform of legal letter,the author selects a typical case for comparison and analysis of property preservation reconsideration,behavior preservation reconsideration and application preservation wrong damage compensation dispute cases,puts forward the problems existing in the litigation preservation relief system in practice,and conducts research and discussion.From the comparative analysis of the cases,it is found that there are some problems in practice,such as the non-prior remedy,the procedure of reconsideration is basically a formality,the remedy without objection,the application for preservation is wrong and the determination of legal consequences is not uniform,and the root cause of these problems is the defect of legislation.Preservation of litigation relief system of the legislative defect is mainly manifested in the lack of legal remedy procedures,preservation of reconsideration system become a mere formality,no objection lawsuit,preservation application error and legal consequences of four aspects,such as the disunity of the author try to find and fix problems as the principle,the complex social conflicts from regulation,balance the efficiency of lawsuit and procedural justice,litigation rights,reasonable configuration specification at the discretion of the judge’s perspective,to further improve the preservation of litigation relief system in our country put forward the corresponding legislative Suggestions.First,in the case that the preservation is irreversible or difficult to recover,the defending party or interested party shall be given the right to participate in the process of making the preservation order in advance,and the necessary right to debate with the preservation applicant in advance.Secondly,starting from the principle of the existing reconsideration system,this paper discusses the ways and methods of the concretization of the reconsideration system,and studies the establishment of the reconsideration review system,so as to make the reconsideration system play a real role in procedural relief.Third,considering the status quo of litigation preservation without objection,this paper discusses the feasibility of constructing litigation preservation objection appeal and its concurrence with the litigation preservation reconsideration system.Fourth,due to the lack of a unified standard for the identification of application errors and legal consequences,resulting in confusion in judicial practice,this paper studies how to scientifically regulate the identification standards,unify the identification standards of preservation application errors,and clarify the legal consequences of preservation application errors.It is hoped that the research and discussion of this paper can provide referential legislative Suggestions for improving the litigation preservation and relief system and provide effective relief ways for protecting the legitimate rights and interests of the parties.