Legal analysis
Property preservation in litigation refers to the compulsory measures taken by the people's court to restrict the disposition of the parties' property or the disputed subject matter after accepting the case and before making a judgment. The person subjected to execution must fulfill the obligation of compensation from the date when the court decision takes effect. If the other party refuses to execute, if the circumstances are serious, it is suspected of refusing to execute the judgment or ruling. In order to protect their legitimate rights and interests, they can apply for pre-litigation property preservation in the future. However, because the pre-litigation property preservation is limited to emergencies, the applicant must also provide a guarantee and need to be tried by the court. Judging from the current judicial practice, most courts are not very willing to do pre-litigation insurance. In practice, there is a compromise. Creditors do not do pre-litigation preservation, but they will communicate with the filing judge when filing a lawsuit. In order to prevent the defendant from transferring assets, the court is required not to serve the indictment and its copy on the defendant after filing the case, but to preserve it before serving it on the defendant after determining the case-handling judge.
legal ground
Article 100 of the Civil Procedure Law of People's Republic of China (PRC) * * * In the case that the judgment may be difficult to execute or cause other damage to the parties, the people's court may, upon the application of the other party, order the property to be preserved, order it to do certain acts or prohibit it from doing certain acts; If the parties do not apply, the people's court may also order the adoption of preservation measures when necessary. When the people's court takes preservation measures, it may order the applicant to provide a guarantee. If the applicant is unable to provide a guarantee, the application shall be rejected. After accepting the application, the people's court must make a ruling within 48 hours in case of emergency; Those ordered to take protective measures shall be executed immediately.