Research On The Advanced Execution In China’s Civil Litigation

As a special civil litigation security system,pre execution system plays an indispensable role in judicial practice.The modern concept of rule of law not only emphasizes the relief form of the traditional ex post sanction,but also the relief mode of preventing damage in advance,which has attracted more and more attention.Therefore,the function value of the pre execution of relief for the actual damage,avoiding the potential damage and improving the efficiency of litigation has been highlighted.However,as a civil litigation security system,pre execution has a very low appli cation rate in judicial practice due to its narrow scope of application,single starting way and many other reasons.Therefore,in order to give full play to the role of advance execution,it is necessary to conduct a deeper research and Discussion on the system of advance execution in China’s civil litigation.As a special research on the system of civil advance execution,this paper mainly uses literature analysis and comparative analysis based on the provisions of the Civil Procedure Law on the system of advance execution,the relevant provisions of the judicial interpretation of the Supreme People’s Court on the system of advance execution,the provisions of the same or similar foreign legal systems,and the contents of doctoral dissertation and journals involving advance execution Methods and so on method launches the research and the writing.Firstly,this paper discusses the basic principles of civil pre execution,including the concept analysis,characteristics generalization,legal basis of pre execution and the value function and significance of pre execution.And try to explain the system of advance execution in terms of legislative concept and legal basis,clarify the difference and connection between advance execution and behavior preservation,and introduce the main functions and significance of the system in detail.Secondly,it introduces the comparative study of the application of pre execution and similar systems outside the country.The author first analyzes the application conditions,application scope,application procedures and application status of pre execution in China,and then makes an investigation and comparative study on the application of pre execution in China,the false execution procedures in civil law countries,the intermediat e injunction in common law countries and other similar systems Give relevant experience and reference significance.In the end,the author discusses the problems and the measures to improve the system in detail.Although the system plays an important role in the civil litigation,it also has some shortcomings,such as the narrow scope of application,the tendency of "this case" and the imperfection of relief measures.Therefore,based on the successful experience of similar systems in foreign countries,combined with the judicial practice of our country,the author tries to put forward the following targeted suggestions.The specific methods are: expanding the scope of application of pre execution,broadening the mechanism of starting pre execution procedures,overcoming the tendency of "this case" in pre execution,and standardizing the relief procedures and methods for pre execution.