论建立非财产性海事请求保全制度  

Establishing the System of Non-property Preservation for Maritime Claims

作　　者：翁子明[1] 

机构地区：[1]广州海事法院

出　　处：《中国海商法年刊》1995年第1期95-106,共12页Annual of China Maritime Law

摘　　要：Under the current system and theory of civil procedure law of our country, the preservation is limited to property, i. e. the preservation on property. However,it has been proved by practice that the preservation on property does not embrace all kinds of preservation needed. In maritime trial, action has been considered to be a new subject of preservation, and such a preservation may be named as the preservation of non-property. lt is different from the preservation on property of execution in advance. Under such a system,maritime court may order the defendant to take certain action or forbid him to take certain action upon the claimant’s application. The establishment of the system of preservation on non-property will be significant in theory and improve the system of preservation both in maritime and civil trial in ourUnder the current system and theory of civil procedure law of our country, the preservation is limited to property, i. e. the preservation on property. However,it has been proved by practice that the preservation on property does not embrace all kinds of preservation needed. In maritime trial, action has been considered to be a new subject of preservation, and such a preservation may be named as the preservation of non-property. lt is different from the preservation on property of execution in advance. Under such a system,maritime court may order the defendant to take certain action or forbid him to take certain action upon the claimant's application. The establishment of the system of preservation on non-property will be significant in theory and improve the system of preservation both in maritime and civil trial in our country

关 键 词：非财产性海事请求保全制度 海事诉讼 《民事诉讼法》 中国 《海商法》 海事法院 海事请求权 

分 类 号：D925.1[政治法律—诉讼法学] D922.294[政治法律—法学]