On Establishing Civil Litigation Act Preservation System in China
In China,although act preservation legislation exists,it does not apply to the entire civil litigation.It is necessary to establish act preservation system to perfect prior relief in the civil procedure law.At present,the main domestic theories in some respects about the concepts of act preservation are inappropriate.In essence,act preservation is a procedure,which should not be classified into lawsuit or non-lawsuit procedures.Act preservation system in force has a narrow application range and sketchy provisions.We should establish act preservation system in the civil procedure law from detailed aspects,such as startup,terms for application and guarantee.