民事诉讼行为保全制度的确立与完善——从钱钟书书信手稿诉前禁令案谈起.pdfVIP

focuses on the concept 、character and nature of the act preservation. The author mainly discusses the nature of the act preservation and finally put act preservation as a special litigation procedure. The third section mainly analyzes the comparison of act preservation system between the two law systems. This part lists respectively the relevant system of Different countries in the Anglo-American Legal System and the Civil Law system, including the Interlocutory Injunction of England and the Temporary Restraining Injunction and Preliminary Injunction of United States in the Anglo-American Legal System and the Provisional Injunction of Germany and the Act Preservation of Japan and the Ordonnance De Refere and the Ordonnace Sur Requete of French in the Civil Law system. Finally the author compares the act preservation system of the two law systems , in order to provide reference to our country. The fourth section is about the analysis of current situation of act preservation system in the civil procedure law in our country. The author expounds legislation development process of act preservation in our country, and lists respectively the relationship between the act preservation system and relevant systems and the advantages and disadvantages of the provisions of act preservation system in the new civil procedure law to provide direction to the improvement of the below. The fifth section mainly analyzes the suggestions of perfecting the act preservation system in our new civil procedure law. The suggestions of perfecting include the perfecting of starting conditions, censorship and ruling, and relief procedures, which from the problems caused by the two interlocutory injunction