First, the application of judicial freezing
Judicial freezing is usually used in the following situations: first, civil litigation cases involving property disputes, such as debt disputes, contract disputes, etc.; Criminal cases involving economic crimes, such as corruption, bribery, money laundering, etc.; third, there are other situations where it is necessary to freeze the property involved to ensure the smooth trial of the case.
Second, judicial freezing procedure
When the court deems it necessary to freeze the property involved, it will issue a judicial freezing notice to the relevant financial institution or property holder in accordance with the law. After receiving the notice, the financial institution or property holder shall immediately assist in the implementation of freezing measures and stop payment, transfer or disposal of the property involved. At the same time, parties whose property has been frozen also have the right to lodge objections with the court and apply for lifting the freeze.
Third, the impact of judicial freezing
Judicial freezing has a great impact on the parties and the property involved. On the one hand, before the court makes a decision to unfreeze the property, the parties to the frozen property cannot freely control and use the property; on the other hand, freezing measures may cause certain troubles to the parties' normal production and business activities, and even lead to economic losses. Therefore, in cases involving property disputes or economic crimes, the parties should actively cooperate with the court's investigation and trial and avoid unnecessary freezing measures.
In short:
Judicial freezing is a temporary coercive measure taken by the court to protect the legitimate rights and interests of the parties and ensure the smooth trial of the case. It has a wide range of applications, rigorous procedures, and has a greater impact on the parties and the property involved. Therefore, in cases involving property disputes or economic crimes, the parties concerned should understand the relevant regulations and procedures for judicial freezing and actively cooperate with the court to safeguard their legitimate rights and interests.
Legal basis:
Civil Procedure Law of the People's Republic of China
Article 101 stipulates:
Due to the behavior of one party or other reasons , which may make it difficult to execute the judgment or cause other damage to one party, the People's Court may, based on the application of the other party, order property preservation, order it to perform certain acts, or prohibit it from performing certain acts; if the party does not apply, the People's Court may Preservation measures may also be ordered when necessary.
Article 144 of the Criminal Procedure Law of the People's Republic of China
stipulates:
The People's Procuratorate and the public security organs may, based on the needs of investigating crimes, inquire and freeze crimes in accordance with regulations The suspect’s deposits, remittances, bonds, stocks, fund shares and other properties. Relevant units and individuals should cooperate.
Please note that the specific legal application and interpretation rights belong to the relevant law enforcement agencies. For specific issues involving judicial freezing, it is recommended to consult professional lawyers or relevant law enforcement departments to obtain accurate information.