关于完善我国财产保全法律制度的若干思考

我国民事诉讼法及最高人民法院有关的司法解释对财产保全制度的规定应在如下几个方面进一步完善:加大财产保全力度;建立紧急情况下财产保全制度;制定严格的财产保全条件;将司法实践中行之有效的财产保全的做法上升为法律。使我国的财产保全制度更加完善、科学。

On Perfection of the Legal System for Property Preservation

In China, there is still a necessity to perfect some aspects in the code of civil law as well as the related legal interpretation from the Supreme Court, which are concerned with property preservation. The code of property preservation needs: (i) to be increased in the scope of preservation; (ii) to establish a system working at an emergency; (iii) to set up the terms for a strict preservation; (iv) to promote the effective modus operandi in judicial operations as the code of law.