Can the case freeze the property before the case is not judged?Learn about these knowledge about "litigation preservation"

Cover Journalist Song Xiao intern Feng Lian

On June 21, the reporter learned from the Chengdu Railway Transport Intermediate Court that in the face of some parties asking what the lawsuit could not get money, the Judicial Interpretation Center of the Railway Intermediate People's Court used ten legal clauses on "litigation preservation". Essence

Among them, litigation property preservation refers to a temporary mandatory measure of the applicant's property or controversial subject matter in accordance with the application of a stakeholder or party before or during the litigation process of the case. According to the different application time, litigation property preservation can be divided into pre -litigation and litigation preservation.

In the property preservation system in civil lawsuits, it plays an important role in protecting the legitimate rights and interests of the parties, promoting solutions, promotion, and implementation, and maintaining judicial authority. However, it also increases the economic cost and time cost of preservation applicants. And property preservation cannot be willful. In the case of the applicant's error preservation, malicious preservation, and failing to apply for removal in time, compensation should be compensated for losses due to property.

What is preparation before the complaint?

Previous preservation refers to the fact that the stakeholder was urgent before the case was accepted. If the property preservation of property would not be applied immediately, it would cause the legitimate rights and interests to be damaged. The people's courts with jurisdictions have applied for property preservation measures. Civil disputes related to the pre -litigation property preservation must be paid. If there is no content of the right to pay (such as disputes over the reputation of personal rights), the court cannot take pre -preparation measures.

What is litigation preservation?

Litigation preservation refers to the case that may be difficult for the judgment to implement or cause other damage to the parties due to the behavior or other reasons that may be implemented or caused by the party's application or the court if necessary or the court may rulk them due to the acting necessary for the party's party or other reasons. The property is preserved, ordered to make certain behaviors or forbid them from doing certain behaviors.

Cases of appealing to the parties who do not accept the judgment of the first instance. Before receiving the case reported by the People's Court of the Second Trial, the parties have a transfer, concealment, betrayal or damage to property. The parties apply to apply or take it in accordance with their powers.

What materials do I need to submit property protection?

According to the "Several Issues of the Supreme People's Court on the People's Court's Cases of Property Preservation Cases": Article 1: When the parties and stakeholders apply for property preservation, they shall submit an application to the people's court and provide relevant evidence materials.

The application should be stated in the following items:

(1) Apply for the identity, delivery address, and contact information of the preservation person and the insured person;

(2) Request matters and facts based on the facts and reasons;

(3) Request preservation amount or controversial target;

(4) Clearly preserved property information or specific clues of preserved property;

(5) Property information or credit proof provided guarantee for property preservation, or the reason for providing guarantee;

(6) Other matters that need to be contained.

After the legal documents are effective, before entering the execution procedure, if the creditors apply for property preservation, they shall stimulate the production authority, number and main content of the effective legal documents, and attach a copy of the legal document.

The reporter noticed that, in addition to these three, the Chengtai Intermediate People's Court also answered questions on whether the payment of property preservation and the limit of property preservation of property, and how to determine the amount of property preservation. Corresponding regulations.

In recent years, the Chengtai Intermediate People's Court has created the "Five Combination" working laws, which combines the initiative and guidance in accordance with the law, the pre -litigation and pre -litigation mediation, the combination of litigation preservation and the mediation in the lawsuit, the invited mediation and the judge mediation. The combination of the combination, the full -scale promotion and the combination of the department's linkage, effectively reduce the cost of mass litigation, reduce the complaint of the parties, and promote the rapid resolution of contradictions and disputes, and achieve good results.

- END -