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三、采取“临时”与“边境”两种措施的程序 协议并未明文允许司法当局“依职权”主动采取暂时措施。协议强调了司法当局在有关利害关系人提出请求后,可以“依请求”而采取有关措施。所以,在“临时措施”一节中,主要规定了利害关系人的申请程序,以及司法当局采取与撤销有关措施的程序。当然,协议也没有否认当局有权主动采取临时措施。
Third, the procedural agreement to adopt “interim” and “border” measures did not explicitly allow judicial authorities to take temporary measures “on their own terms”. The agreement emphasized that the judicial authorities can take relevant measures “on request” after the relevant stakeholders have made requests. Therefore, in the section on “provisional measures”, the procedures for the application of interested parties are mainly stipulated, and the procedures for judicial authorities to take and withdraw relevant measures. Of course, the agreement did not deny that the authorities have the right to take the initiative to take temporary measures.