The Research Of Civil Conservatory System

Civil protection system as a necessary procedure in civil proceedings the first provision in the period of Roman law, in the United Kingdom as the representative of the European countries generally apply and be accepted by the Department of civil law and common law, to be confirmed the criminal jurisprudence. Civil protection system on the connotation of broad and narrow to discriminate. In China using narrow civil protection system. Main emergency civil protection system and tentative nature, subsidiary, secret of the four features. For the maintenance of natural justice, addressed the relief shortfalls; protection of substantive rights, upholding the authority of Justice; important means for resolving civil disputes and the way has important practical significance. With the progress of development of social and judicial practice, China's civil protection system gradually showing lack of theory, unable to meet the needs of real life, to research and discussion on it, on the theory and practice of preservation system in our civil procedure has important practical significance. This article against our civil protection system of the existing defects of theory and practical problems to current civil law and common law in comparative study of the preservation system. Main Germany procedures, to protect creditor interests of France's security system, Japan's civil protection law, Taiwan region's civil protection system, United Kingdom's ban system, United States before the judgment of relief system. By comparing the discovery, preservation system there are two value orientations:one is focusing on the procedural guarantees in the interests of the parties; the second is focused on giving priority to efficiency with due consideration to fairness. Focus on this article and the background has a broadly similar Germany study of sanctions with a view to theoretical discussions on China's civil protection system. Through our civil protection system as compared to civil law, both in how a program is started, whether the parties guarantee on preservation of the relief program, the jurisdiction of the Court of a determination, the parties are entitled to apply for revocation of the preservation order, and so there are large differences, these national and regional civil protection system has important implications for China. Property preservation system of China's civil protection system belong to narrow, provisions in the code of civil procedure and related judicial interpretation. Narrow attachment systems include both property preservation and preservation. But China's only provided for property preservation, its many measure deficiencies. The reason the main effect of the mode of action of the traditional legal concepts and terms, there are also defects at the same time the legislation itself. To perfect China's civil protection system, proposed to the preservation of this article into the civil protection system, clear civil preservation the jurisdiction of the Court, clear civil security startup programs, improve civil protective remedies, civil preservation of the establishment of specific institutions.