Research On Security System Of Property Preservation In Civil Procedure

The guarantee system of civil litigation preservation,as a key stage in the protection of civil litigation preservation system,should also be studied and paid attention to in theory and practice under the environment of increasing number of cases and further optimization of the legal environment.On the one hand,the guarantee system of civil litigation preservation has its own special mission and the implementation of the guarantee system of civil litigation preservation,on the other hand,it also has its own uniqueness.One of its functions is to protect the loss caused by the preservation error in the achievement preservation,the other is to achieve the purpose of the preservation of the preservation application to protect the future rights and interests of the preservation.However,according to the current situation of legislation and judicial practice,there are still many problems that need to be improved and paid attention to while the discretion of judges and the standards of various places are different and the guarantee methods are diversified.This paper is divided into fifth parts.The first part is a preliminary analysis of the research background and significance of the civil procedure Law and the relevant provisions in the judicial interpretation of the civil Procedure Law revised in 2021 to determine the research ideas and methods of this paper.The second part studies and analyzes the concept and characteristics of China’s civil procedure preservation guarantee system through the understanding of laws and regulations and the analysis of the concept and characteristics of the civil procedure preservation guarantee system from different viewpoints in the theoretical circle.The third part analyzes the current situation of China’s civil procedure preservation guarantee system through the existing common ways in legislation and practice,and expounds the establishment review of preservation guarantee,common ways of preservation guarantee in practice,and summarizes the common problems and deficiencies in current practice and theory.The fourth part is based on the analysis of the third part of the status quo from the necessity of security is unreasonable review,security is not clear,security process is not specific three major aspects.The fifth part,through the analysis of the first five chapters and combined with the practical cases I have encountered in the course of lawyer practice,puts forward corresponding suggestions to clearly standardize the way of preservation guarantee and improve the removal of preservation guarantee mechanism.This paper tries to find out the deficiencies and imperfections of China’s civil litigation preservation guarantee system in theory and practice,and tries to seek effective solutions,hoping to contribute to the improvement of China’s civil litigation preservation guarantee system.