On The Temporary Remedy Measures Of Civil Procedure

The Temporary Remedy Measures of Civil Procedure is that the court takes the temporary coercing measures to the property or behavior of the defendant in order to promptly protect the rights and interests of the plaintiff before or during hearing, because the defendant's behavior or other reasons probably result in the rights and interests of the plaintiff undergo irremediable damage or future judgement cannot or very difficultly be implemented The Temporary Remedy Measures of Civil Procedure is different with remedy after the event which be provided by the efficient verdict It belongs to preventive and aforehand remedy. It aim at that preventing the damage which has not been happened or be happened further through aforehand, prompt, sufficient, and reasonable remedies to the plaintiff, making sure the equality and evening rights and interests of both sides, getting uniform merits of the justness, the benefit and the efficiency of litigation that Civil Procedure pursuits.Compared with systemic and specific provisions of The Temporary Remedy Measures in other countries, it has faultiness and many problems in China Firstly, the legislation of The Temporary Remedy Measures of Civil Procedure has faultiness. Some problems in reality society are not regulated by Civil Procedural Law and the legislation cannot suffice the needs of the society. For example, behavior are gotten rid of object of procedural preservation and the remedy that rights temporarily be protected has little results in that the rights and interests of the parties cannot promptly and reasonably be remedied in some cases. Secondly, some regulations of law are unreasonable. For example, to suffice the reality needs of the society, that the applying area of the implement in advance is expanded by judicial interpretation by the SupremeCourt results in when it is applied it has not sufficed the restricted conditions of Civil Procedural Law. That means that judicial interpretation breaks through the regulations of law and that deviates from its functioa Thirdly, the regulations of Civil Procedural Law in China have gaps with that of other main counties in the world. The categories, applying conditions and procedure of The Temporary Remedy Measures of Civil Procedure are specific regulated in these countries. However, that the attachment and the implement in advance only are regulated in China is oversimplified and nonfigurarive. Meanwhile, because some remedy measures only are regulated at ad hoc procedural law or substantive law, that they cannot be applied to other cases results in it is very restricted to the parties of ordinary civil and economical cases can select temporary remedy measures.Whereas the status quo of the Temporary Remedy Measures of Civil Procedure in China, I took merits of the justness, the benefit and the efficiency of litigation for principle and took research method of theory and practice together to my paper. Based on comparison and analysis of the Temporary Remedy Measures at home ant abroad, I suggested the legislation mode that three remedy measures that they are procedural preservation, temporary injunction and advance payment is parallel in Civil Procedure. Afterwards I expatiated on them.