民事诉讼行为保全制度论.pdfVIP

第五部分着重是对我国民事诉讼行为保全制度进行程式构建。文章强 调，我国民事诉讼行为保全制度的构建应当首先立足于国内的本土制度资 源与现有司法形势，再借鉴国外法制先进经验，体现追求保全目的与程序 保障二者的有机结合。同时，鉴于财产保全制度在我国民事诉讼中的成熟 运用，行为保全制度的程序设计在“面”上可以大体参照现有财产保全的程 序框架进行统一构建，但具体到“点”上还应突出特别之处。这又具体反映 在行为保全的申请条件、启动方式、法院审查标准、担保与裁定执行以及 保障和救济等程序构建上。 关键词：民事诉讼 行为保全 制度 程序 权利救济 3 Abstract Along with our country law case type and quantity constantly increasing, perfect civil litigation system, thus to further improve judicial justice and efficiency has become an urgent requirement. As temporary remedy procedure, the preservation system of civil litigation is to realize the ultimate remedy of right and to enhance trial quality. However, our country current civil procedure law actually has not established the act preservation system, which makes the property preservation and advance performance system be unable to meet the litigants’ diverse remedy need, and the non-property rights act pays be also very difficult to obtain damages afterwards with the full realization. Therefore, to improve the present situation, the act preservation of civil theoretical analysis and system construction becomes very essential and important, and has profound significance. In addition to the preface and conclusion, this article is composed of five parts, which is more than 30,000 words totally. As follows: The first part focus on the concept and feature of act preservation. On the whole, this article is creatively according to civil preservation - litigation preservation – act preservation in a progressive framework of path analysis, in-depth study in layers, points out the act preservation the direct cause, and should have a set of procedural attribute. Then it narrats the act preservation individu