On Temporary Restraining Order System Build

In allusion to the existent problems with its application, this article is aimed to discuss the improvement of the injunction in the Chinese legal system.Firstly, the article takes a backward look at the origin and the development of the system of injunction and then tries to clarify its definition and categories. After the comparison between the injunction, the preservation in litigation and the preliminary execution, we arrive at the confirmation of the provisional remedy nature of the injunction.Secondly, we make a general comparison between the case law system and the code law system with the England and the United States as example for the former and Germany, France, Japan and Taiwan China for the latter.Thirdly, we describe the actual Chinese legislation about the injunction and point out generally the problems therein. We conclude that the injunction is a legal remedy system of the civil procedure.Fourthly, with a view of comparative law, we make an analysis on the different aspects of the injunction and try to give the correspondent solutions.Finally, we put forward 5 suggestions on the improvement of this legal system in China as follows: to include the injunction in procedural law and to regulate its different aspects with civil procedural law, to determine further the period of request for its application, to enlarge appropriately the scope of its application in civil procedures, to unify the conditions of its application, to determine the concrete forms of guaranty or counter guaranty and the methods to decide their amount, to include the summon for inquiry and the appellate procedure in the system of injunction.