Research Of The Civil Action Behavior Preserves System

In the modern government by law society, a legal regime existence has its value and the necessity surely, it saves waste often is the legislator the choice which needs to make for the adaptation social development, this has manifested legislator’s value orientation to a certain extent.Looked from the various countries’ practice that, the behavior preserved system also oneself after to become the solution civil economic dispute the important way,.The mainland legal system and the British and American legal system main country the legislation which preserved to the behavior has given the full value, only was because the various countries preserved in the behavior the legislation content aspect was different, its name various.The mainland legal system behavior preserved much is called "the vacation punishment", the British and American legal system was the name many middle prohibition rule system, the different national behavior preserved the system in to protect between creditor’s benefit and the right procedure, the rapid principle and the discovery case real between, between this case tendency and the lawsuit efficiency exists conflicts and coordinates on the difference.Manifested the behavior to preserve the system in effectively to protect creditor’s benefit aspect to display other promptly to preserve the function which the system could not substitute.Speaking of our country present civil procedure law, the behavior preserves is a brand-new system. The legislation lag and the oversight causes in the lawsuit practice to exist is unable to use this system massively to carry on processing the situation, causes the court to be at a loss how to proceed, litigant’s right still could not obtain the effective guarantee and the relief, therefore how this article did lie in with emphasis studies constructs the construction to conform to our country civil action actual behavior to preserve the system, preserved aspects..On legislation present situation, realistic demand from our country civil action behavior obtains, the proof constructed our country civil action behavior to preserve the system the deficiency, proposed our country civil action behavior preserved the system construction the basic principle, and in under basic principle instruction from civil action.The behavior preserves the system the applicable scope, the suitable condition, the guarantee, tries and rules, aspects and so on execution, relief preserves the system to our country civil action behavior the concrete construction to carry on proves systematically.