The difference between the defendant plaintiff defendant plaintiff:
"Defendant" and "plaintiff" are the legal concepts of civil litigation and the corresponding parties in civil cases. In civil cases, both the defendant and the plaintiff are equal and enjoy equal litigation rights, and their rights and reputation cannot be regarded or considered as damaged because they become defendants.
"Defendant" and "plaintiff" belong to the legal concepts of criminal proceedings, and are the parties corresponding to "victim" and "prosecutor" in criminal cases. The "defendant" is generally accused of being suspected of a criminal offence. The defendant suspected of a serious crime shall be restricted by the case-handling organ according to law. However, according to the laws of our country, no organization or individual may identify someone as a crime without the judgment of the people's court. Therefore, even the "defendant" in a criminal case cannot be called "criminal" until the court makes a guilty verdict, but can only be called "defendant" or "criminal suspect".
The defendant does not need the cooperation of the plaintiff to apply for unsealing, as long as the conditions are met. In spite of the plaintiff's wishes, the court lifted the defendant's seizure. If the property preservation measures are lifted, the plaintiff does not need to apply. If the respondent provides a guarantee, the people's court may lift the preservation measures. In a property dispute case, if the respondent provides a guarantee, the people's court shall make a ruling to lift the preservation. According to the relevant laws and regulations, the people's court shall make a ruling to lift the seizure, seizure and freezing, and serve it on the application executor, the person subjected to execution or the outsider: (1) seal up, detain and freeze the property of the outsider; (2) The application executor withdraws the application for execution or waives the creditor's rights; (3) The property that has been sealed up, detained or frozen cannot be auctioned or sold, and the applicant for enforcement and other enforcement creditors do not agree to accept the settlement; (4) The debt has been paid off; (five) the person subjected to execution provides a guarantee and applies for the consent of the person subjected to execution to lift the seal-up, seizure or freezing; (6) Other circumstances in which the people's court considers that the seizure, seizure and freezing should be lifted.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis: materials for retrial in Article 203 of the Civil Procedure Law of People's Republic of China (PRC).
If a party applies for retrial, it shall submit an application for retrial and other materials. The people's court shall, within five days from the date of receiving the application for retrial, send a copy of the application for retrial to the other party. The other party shall submit written opinions within fifteen days from the date of receiving the copy of the retrial application; Failure to submit written opinions shall not affect the people's court's review. The people's court may require the applicant and the other party to supplement relevant materials and ask about relevant matters.