On The Perfection Of China's Civil Protection System

The civil securing judgment procedure is one of the indispensable during the whole civil procedure, with very important value and significance of existing. However, that in our China is limited to the securing of property and the enforcement in advance, which is far to meet the needs of the increasingly complicated civil and commercial activities, far to exert the full uses of the securing system and is urgent to perfect. This thesis is trying to figure out the identity of the civil securing, which is the key difference from other civil procedures, and its new definition and classification as well, based on the overall analysis of its characters. The conclusion drawn is that civil securing, as a kind of special judicatory relief balanced between the public and private relief, is established to make up the relieves by the final judgment, which usually cannot live up the needs of the party who is entitled to get the security of the authority, starting to offer the party who is seeking for security the full and enough protection and relief, with the key characters of urgency and temporariness. The following is the comparison and analysis of the relevant systems in different nations. The different regulations show their different value orientation and preference. Thereafter, the third part is focused on the shortages of our securing system based on the analysis of the present situations about the relevant laws and regulations and their practices, such as the singularity of the securing classification, the lack of the systematic regulation about the securing of behavior, the unclearaess of the status about the injunction on the infringement before starting the action, the indefiniteness about the essence of the assurances promoted by the parties during the securing procedure, the lack of uniform conditions for starting and ending of the securing procedure, etc.