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Theoretical and Practical Studies on the System of Civil Property Preservation Guaranty
Author: ShaoChangLi
Tutor: ZhangYongQuan
School: Suzhou University
Course: Procedural Law
Keywords: Property preservation Guarantee Amount Mode Examine
CLC: D925.1
Type: Master's thesis
Year: 2008
Downloads: 454
Quote: 1
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Abstract
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Applicant to the people's court for property preservation , property preservation guarantee is wrong , in order to avoid its application to the applicants losses established a compensation guarantee . An integral part as civil legislation and an important security system of civil litigation , property preservation guarantee system in trial practice play an increasingly important role . Current Civil Procedure Law and relevant judicial interpretation of the provisions to guarantee the preservation of property is too simple , and there are many problems , lack of legislative will inevitably lead to the plight of judicial practice . Along , academics and practitioners only pay close attention to the system of property preservation , neglected property preservation guarantee system , which is bound to greatly weaken the value and function of play , the impact of the civil action carried out smoothly and the realization of the legitimate rights and interests of the parties , and thus need further improvement. Connotation, characteristics and specific content elaborate on the basic theory of property preservation guarantee system , analysis of the value of property preservation guarantee system basis and functional , and property preservation guarantee system of our current civil legislation Empirical Investigation and their thinking , and pointed out the plight of the shortcomings of our property preservation guarantee system in legislative and judicial practice run , based on the recommendations to improve our system of property preservation guarantee .
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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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