On the Preservation of the System of Civil Acts Our Country
|Keywords||behavior preservation between the ban on false disciplinary intellectual property|
A long time, China’s civil law has not been set up to preserve the unity of normative acts, with the result that a lot of people the right to be cictory in the suit, lost benefits, and the preservation of our existing system of civil proceedings only for the preservation of property, unable to meet the needs of social development at the introduction of the Code of Civil Procedure must act to preserve the system. In this paper, by comparing the domestic and foreign-related legal system and judicial practice of the methods of preservation of people’s behavior at the admissibility of the application process, the Government should try the same Western countries ripe practical experience, in compliance with existing laws under the premise of the appropriate use of Freedom discretionary power, both done in a timely manner to avoid damage happened or expand, and at the same time be able to fully prevent the abuse of the right to appeal, and ultimately achieve the unification of fairness and efficiency.Acts to preserve the system of procedural law in a number of more advanced countries and regions have a long history. However, in our country, acts of preservation has not yet attracted enough attention to the jurisprudence.Emphasis on the rule of law in the civilized and modern society, a retention or abolition of the legal system often legislators are required for the management of society to make choices, of course, the outcome of this choice must be to some extent reflects the legislators on the value orientation. Basically, the existing legal norms are patterns of behavior and the legal consequences of the combination. The existing mechanism for handling disputes in the formula are from a special law on the judiciary based on the fact that the parties dispute the right of the public to make judgments, and through the law enforcement system will determine the reality so that the rights of the parties to achieve the entity.Code of Civil Procedure and our country does not require acts of preservation, only the preservation of property.At present, acts of civil protection system is not the prevailing system of our country, not all acts of civil cases are applicable to the preservation of the system. Behavior preservation of our country by a number of one-way system is stipulated in the law, at present, only "special procedure proceedings Maritime Law," "Copyright Law", "Patent Law", "Trademark Law" in the provisions. That is, only in the maritime cases, cases of intellectual property rights (including copyright disputes, patent disputes, trademark disputes) has the power to act to preserve the people’s court.In this regard, my only personal protection system for civil and some understanding of behavior set up the need to preserve the system as well as how to construct the system should be put forward their views.