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On Civil Procedure behavior preservation system

Author: AnYanYan
Tutor: ZhouQing
School: Zhengzhou University
Course: Procedural Law
Keywords: Act preservation Preservation of property Advance execution
CLC: D925.1
Type: Master's thesis
Year: 2009
Downloads: 98
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Abstract


Civil security system is an integral part of civil law system, the significance and value of its existence. Civil preservation of its object as the standard should be divided into the preservation of property and the preservation of behavior. Behavior preservation as one with a long history in the preservation system can be traced back to Roman law. Civil Procedure Law of the modern countries also have the relevant provisions of the act preservation. However, our litigation preservation system only provides for the preservation of property, lack of behavior preservation, and the preservation of property, to be thoroughly the implementation of relevant laws and regulations, judicial interpretation of the provisions of fragmented and disorganized. With the development of the judicial practice in the field of maritime litigation and intellectual property in China have appeared in the preservation of the provisions of the relevant act, but the fact that those provisions are only applicable to specific areas of litigation, the scope is limited, does not have a systematic and generally applicable , can not meet the needs of the judicial practice. With the development of society and the improvement of people's awareness of their rights, the timeliness and efficiency of the judicial become the people's expectations, people have gradually realized that advance prevention has more advantages than for relief. So, in order to prevent the erosion of litigation lag on the legitimate rights and interests of the parties and smooth disputes resolved and justice in the course of the proceedings, we need to establish the behavior preservation system. In this paper, the main content is divided into four parts. The first part is an overview of the preservation of behavior, mainly analyzes the meaning of the act preservation, preservation of historical development and behavior of the value of the system; second part of the foreign behavior preservation system, including the ban system of common law and civil law disposition system, and the two legal systems behavior preservation system a comparative analysis; The third part is about our behavior preservation system behavior preservation system in China's legislative and judicial review of the current situation and behavior preservation system in The establishment of the field, the second is the behavior preservation system with the current security system of property preservation and advance the implementation of the relationship; fourth part is in the second, the third part of foreign and Chinese behavior preservation system on the basis of research, expounded China's behavior to preserve the establishment of specific ideas, including the following aspects, behavior preservation of the scope of the relief program, the applicable conditions for the preservation of behavior, behavior preservation proceedings and act preservation and preservation of the ruling execution. The purpose of this study is that in-depth analysis of behavior preservation system in the presence of legal issues, preservation of the system through the construction of the system's behavior, which can better protect the rights of the legitimate interests. Throughout the text of the author trying to disposition system to learn from the civil law countries, China's current maritime litigation in the field of maritime injunction to stop the tort system prior to the appeal of the system and the field of intellectual property extended to the area of ??civil litigation in general, and in the integration of on the basis of the existing behavioral preservation system of laws and regulations and judicial interpretation of advance execution system belonging to some of the provisions of the nature of the act preservation separate part of the act preservation system, construction and property preservation system are equally important, side by side and the behavior of the line security system.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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