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The of Civil preservation system

Author: SunHongLi
Tutor: HaShuJu
School: Heilongjiang University
Course: Legal
Keywords: Civil Preservation System Property preservation Behavior preservation Advance execution
CLC: D925.1
Type: Master's thesis
Year: 2008
Downloads: 107
Quote: 2
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Abstract


With the gradually establish and improve the socialist market economic system, the People's Court accepted the civil and economic cases rising to more complex types of cases, civil Preservation System is playing an increasingly important role in the proceedings. Correct use of civil preservation measures, can play a positive role to ensure the effective implementation of legal instruments, to some extent, to create conditions to solve the problem of difficult enforcement has played a very important sense, the interests of the protection of rights, reduce transaction risk. Correctly apply the civil preservation measures, the strengthening of civil preservation efforts, and safeguard judicial justice, improve judicial efficiency, establish judicial authority has a very important role. However, due to the civil preservation system itself imperfect legislation, understanding and practical operation of this system, to varying degrees, there are some worth exploring and solved the problem. The article mainly from four aspects of civil Preservation System analysis and re-construction of analysis: First, in the preservation of the basic system of the two legal systems in civil comparison based on interpretation, meaning the preservation of civil, features and value. Secondly, the kind of civil preservation Comment. Emergency proceedings of the civil law and the preservation program in accordance with the application and the Common Law seizure and ban the introduction and evaluation. Turn on the preservation of our civil reclassified idea. Once again, the preservation of the substantial elements of the civil reasonable choice. Common law and civil law countries for different provisions of the substantial elements of civil preservation. Articles combined with China's national conditions, six substantive conditions of the parties to apply for civil preservation. Finally, re-construct the preservation of our civil procedure. This section is mainly to improve the preservation of our civil proceedings and enforcement procedures. Established civil preservation of the start of the main body of the unity of the proceedings, in accordance with the principles of convenience and urgency to determine the jurisdiction of the Court of Civil preservation; objection for civil security should be \Full use of the method of analysis of Law and Comparative Law, a substantial absorption of the essence of the civil law and common law on the preservation of the system, and based on their own, attention combined with China's judicial practice, focus on our existing system of coordination and convergence , and strive to build a set of practical civil Preservation System.

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