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民事诉讼行为保全制度在民事诉讼法中居于重要的地位,是联结审判程序与执行程序的纽带。行为保全是各国立法的通例,但是行为保全作为一项独立制度并未在我国民事诉讼基本立法当中得以确立。因此,对民事诉讼行为保全的含义、特点、性质、行为保全与财产保全和先予执行的区别等基本问题进行探究,对于正确理解这一制度有重大意义。
The civil procedure act preservation system occupies an important position in the civil procedural law, which is the link between the trial procedure and the execution procedure. Behavior preservation is a common practice in all countries, but as a separate system, behavior preservation has not been established in the basic legislation of civil litigation in our country. Therefore, probing into the basic issues such as the meaning, characteristics, nature, preservation of behavior and the difference between the preservation of property and the first enforcement of the civil action act preservation is of great significance to the correct understanding of this system.