On The System Of Civil Conservatory

Establishing the system of attachment in the code of civil procedures in our country for the sake of insuring the legal right, guaranteeing the person's right can be got effectively and substantially. The system of attachment under this guidelines have made big contribution in supporting the social economic arrangement, preventing and striking the illegality cheat in a civil behavior. But along with shaping "the market economy" order of socialism, the degree of the nation opens to outside and the reform inside increasing continuously, the society intercourse expanding, the social interaction becoming complicate, especially the matter of China joining into WTO finally which will further expand our country the space of economy development, more quantities and more kinds of civil entanglement is ineluctable. At the moment condition alter, obviously the theory of the system of attachment is lagged, and can't satisfy the social demand. At the same time, old theory also exposed limitation. That people who engaged in theory and practice call on that we should set the system of conservatory measure in litigation in the civil procedure for satisfying the social demand. To resolve this problem, it is necessity to review the system of attachment and conservatory measure in litigation in the code of civil procedures of outward country, especially German which under the same law background with our country. By combining theory and practice the topic argument that it is possible and necessary to set the system of conservatory of behavior in our country. At this foundation, the article are going to put forward that the concept of system of civil conservatory should take place of the concept of attachment, and to analyze the character and principle of the system of civil conservatory,then put forward the suggestion of perfecting the procedure of the civil conservatory. The suggestion contents from the starting of the procedure to the rule of the case, classification and scope, the right of the people who is ordered to do something or not to do something to be permitted to give the excuse, the ruling of the court, the effect of the rule. In these we emphasize the character of private and procedure and transitory, at the same time support the fair and reasonable principle. In the part "classification" , by making use of the relevant concept of attachment and conservatory measure in litigation of the foreign country, analyze the relationship between the system of fake execution and the system of conservatory of behavior or the system of attachment, point out the same and different among of the third. Regard to current theories in our country, we find out it different from the other two, but it should be included the system of civil conservatory. Currently "The proper procedure of the law" has been paid more and more attention to catholically. So we emphasized specially in this topic the right of the people who was ordered by the ruler of the court. Before court make a rule the judge should give the people a chance to excuse for his behavior in appropriate time, unless the sake of doing with his unconscious.