针对海事强制令和诉前停止侵权行为制度缺乏普遍适用性而无法满足诉讼实践需要的现状,设立行为保全制度已成为基本共识。完善的行为保全制度包括要件和程序两个部分:要件包括权利保护具有必要性和紧迫性,申请人须具备保全请求资格并提供担保和证据;程序包括申请担保、审查、裁定、执行、复议和诉讼。 In view of the fact that the system of maritime injunction and the system of stopping infringement before litigation is lack of universal applicability and can not meet the need of lawsuit practice, the establishment of behavior preservation system has become the basic consensus. The perfect system of behavior preservation consists of the following two parts: the essentials including the necessity and urgency of the protection of rights, the qualification of the applicant for preservation and the guarantee and evidence provided by the applicant; the procedure includes applying for guarantee, examination, adjudication, enforcement, reconsideration and litigation.