The responsibilities of subjt The responsibilities of subjects in the application, modification, and cancellation of temporary emergects in the application, modification, and cancellation of temporary emergency measures according to civil procedure laws

Abstract

The application, modification, and cancellation of temporary emergency measures are important content in protecting the legitimate rights and interests of parties in civil proceedings. However, to ensure the effectiveness and fairness of this process, it is necessary to clearly define the responsibilities of involved subjects. This not only helps to prevent abuse of power but also increases the transparency of the legal system. This article analyses the basis for establishing the responsibilities of involved subjects in the application, modification and cancellation of temporary emergency measures and the status quo of the law on this responsibility, thereby proposing some solutions for improvement, such as adding a time limit for implementing security measures specified in Clause 1, Article 111 of the 2015 Code on Civil Procedure; introducing the responsibility of courts in modifying or cancelling temporary emergency measures without justifiable reasons; and introducing the issue of compensatory damages for the unlawful application of temporary emergency measures to Resolution No. 02/2020/NQ-HĐTP.