| In January1,2013the newly revised "Civil Procedure Law" formallyimplemented, regulations about act preservation system in the law caused by theacademic circles and judicial circles, the law after the implementation of domesticact preservation system formally implemented, from the courts ruling, because theissue of domestic violence cases of habeas corpus is more, the act preservationsystem once again become the focus of attention. Behavior preservation is refers tothe people’s court in the proceedings before the beginning or procedure is the process,in order to avoid more adverse damage or injury, compulsory measures according tothe request of one party and a mandatory requirement to the other party for action ornon action. The act preservation system have been recorded in Rome law, was laterAnglo American prohibition by identifying and developing in the whole world, theact preservation system in China established relatively late, from1950began toappear the relevant provisions of this system, then in the maritime and intellectualproperty law is gradually perfect this system, only the provisions of the criminalprocedure law revised, but the lack of relevant supporting systems. For this, theauthor chooses this topic as the research object, through the discussion on the basicconcept, behavior preservation properties and value, analyzes the necessity of actpreservation system, and from the historical act preservation system anddevelopment in China to explore the formation of the track system. Analysis of thissystem in the performance and characteristics of different legal system from theperspective of comparative law, summarize the act preservation in nationaldevelopment experience to perfect our current system, finally from theimplementation conditions, act preservation system review, jurisdiction, execution,cancellation and damages and compensation etc. put forward countermeasures, inorder to promote the implementation and development of the system of actpreservation in our country. |
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