(1) If the judicial freeze period reaches the statutory time limit and is not renewed, the judicial freeze will be automatically lifted;
(2) After the reasons for judicial freezing disappear, the parties may apply to the court for lifting the freezing. After verification by the court, if it is true, the frozen account will be lifted.
The reasons for the judicial freeze are as follows:
1, assets will be frozen after being sued by others;
2. Assets suspected of being illegal will be frozen.
Judicial freezing refers to a compulsory measure that the administrative organ issues a notice of assistance in execution to financial institutions or other units with savings business, prohibiting the administrative counterpart from withdrawing or transferring deposits or remittances in their accounts within a certain period of time. Different from administrative compulsory measures such as seizure and detention, freezing is not aimed at the general property of the counterpart, but at the deposit or remittance of the counterpart in financial institutions. On the one hand, freezing deposits and remittances is related to the credit evaluation of financial institutions to ensure the safety of customers' funds. On the other hand, freezing measures often involve a large amount of property, which directly affects the life, production, operation and other economic activities of citizens, legal persons and other organizations, and even affects the normal market economic order. Therefore, this law raises the legal protection of deposits and remittances to the same level as the protection of personal freedom, and stipulates that freezing measures can only be implemented by administrative subjects stipulated by law.
The purpose and task of judicial work in People's Republic of China (PRC) is to protect the basic rights and freedoms of all citizens and other lawful rights and interests, protect public property and lawful property owned by citizens, maintain social order, ensure the smooth progress of socialist modernization, and punish a few criminals according to law.
China's judicial organs include courts, procuratorates, public security organs (including state security organs), judicial administrative organs and their leading lawyers' organizations, notary offices and reeducation-through-labor organs. The people's court is the judicial organ of the state; The people's procuratorate is the legal supervision organ of the state; The public security organ is a public security organ, responsible for the investigation, detention, pre-trial and arrest of criminal cases; State security organs have the nature of public security organs; The main duties of judicial administrative organs are to manage prisons, reform through labor, lawyers, notaries, people's mediation and legal publicity and education. The judiciary refers to lawyers, notaries and arbitration institutions. Although the latter is not a judicial organ, it is an indispensable chain and link in the judicial system.
legal ground
Article 106 of the Civil Procedure Law of People's Republic of China (PRC)
Property preservation shall be sealed up, detained, frozen or other methods prescribed by law. After the people's court has preserved the property, it shall immediately notify the person whose property has been preserved. Property that has been sealed up or frozen shall not be sealed up or frozen again.