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在民事诉讼中,为了防止将来的判决不能执行或难以执行,法院有必要依法采取相应的保全措施。我国现行的《民事诉讼法》规定的保全措施仅为财产保全,没有规定行为保全。虽然行为保全在个别民商事领域内被纳入了立法,但从整个民事诉讼制度来看,其适用范围过于狭窄,这一制度的缺失将使保全制度的功能受到限制,难以满足民事诉讼理论与司法实践发展的需要。因此,我国亟需在民事诉讼法中规定行为保全制度。
In civil lawsuits, in order to prevent future judgments from being implemented or difficult to enforce, courts are required to take corresponding measures according to law. The preservation measures stipulated in the current “Code of Civil Procedure” in our country are only for the preservation of property, and do not provide for the preservation of conduct. Although behavior preservation is incorporated into the legislation of individual civil and commercial areas, its scope of application is too narrow from the perspective of civil procedure system. The absence of such a system will restrict the function of the preservation system and make it difficult to satisfy the theory of civil procedure and the judicial The need for practical development. Therefore, it is urgent for our country to stipulate the system of behavior preservation in the Civil Procedure Law.