Study On Preservation Of Family Affairs

Where there is a right there is relief. In the system of civil dispute resolution,the preservation program is in a very important position. Generally speaking, even the aim of civil procedure is to make a prudent and correct judgment, the slow process cannot save a critical situation. As a result, the rights of the parties cannot be determined in time and even the justice is belated. In order to avoid the uncertainty caused by the delay in litigation, Except for the uncertain state that caused by the right of uncertain relationship, the preservation program is mean to give the parties temporary relief before final decision.While amending the civil procedure law in 2012,the law introduced the preservation program which made up for the legislative loopholes and solved the problem that preservation program was not widely used, besides, it made the preservation program more perfect as well. However, there is the lack of legislative provisions on the preservation of the family cases and the academic circles also seldom discuss this problem, as a result, a lot of family cases which need to preserve cannot be preserved effectively. It not only make the judgment face the risk that it may not be enforced, but also damage to the rights of stakeholders.The family case and the general property case have differences in nature, these differences also reflected in the preservation program. The problem is that will there be some differences between the general preservation program and the family preservation program in the aim、function、features and some other respects? The principle and the key components in preservation program whether could be completely applicable to family cases? Whether there need some adjustment? Besides, family preservation and advance execution, personal safety protection order system has a certain degree of overlap, whether they have some differences in the aim and the features of the procedure? This paper will base on the above issues, taking these issues into account. Not only help to clear the preservation program plays in dealing with the role of family disputes, but also do some benefit to the proper use of family preservation program, to the correct function of the preservation program, in order to solve the family disputes perfectly.