本文旨在说明论述证据保全与诉讼紧密相关的诉讼程序、诉讼证明和裁判结构的关系,对正确认识正确保全的功能和证明保全实现由行为转为程序的改革指明方向。 The purpose of this article is to explain the relationship between litigation procedure, litigation proof and referee structure which are closely related to the preservation of evidence and litigation. The purpose of this paper is to point out the function of correctly understanding the correct preservation and the reform that proves the preservation and realization from behavior to procedure.