(4) Special factors. Based on national and social interests, judges will also issue interlocutory injunctions, such as the protection of intellectual property rights in the TRIPS Agreement, which all reflect the legislative balance between private rights protection and social welfare.
Restriction on exit is a system in my country’s civil and commercial litigation involving
foreign countries. Its application is similar to the prohibition system abroad. It has been applied in some countries with common law system and civil law system. and regional legislation, as a preservation system that is as important as the property preservation system and stipulates it. The injunction system in civil litigation in my country has not yet been stipulated in the Civil Procedure Law as a preservation system as important as the property preservation system. Instead, it is dispersed in specific substantive laws, special procedural laws and individual judicial interpretations, such as the "People's Republic of China*" **The Entry and Exit Management Law of the People's Republic of China on Foreigners", the "Exit and Entry Law of the People's Republic of China", "Several Provisions on Legally Restricting the Exit of Foreigners and Chinese Citizens" and the Supreme People's Court's "On the Trial of Economic Affairs Involving Hong Kong and Macao" Answers to Several Questions in Dispute Cases. However, the above-mentioned regulations are only in principle, and how to apply them, especially the conditions for their application, still lacks operability. The author believes that the following conditions should be met for the application of exit restrictions: (1) The applicant for the exit restrictions has the possibility of winning the case; (2) The respondent of the exit restrictions has no other property in the mainland that can be enforced , Generally speaking, if a foreign-invested enterprise established in my country is insolvent, restrictive measures should not be taken, but should be dealt with in accordance with my country's Company Law and the laws and regulations related to foreign-invested enterprises; (3) Application of restrictive exit measures The situation must be urgent. If such measures are not taken, the case may not be heard if the person or his legal representative or business manager leaves the country; (4) The application of measures restricting exit shall be based on the application of the party concerned, and a full and effective guarantee shall be provided , since this measure is in the nature of behavioral preservation, it should be based on the application of the party concerned.
The "Several Provisions on Restricting the Exit of Foreigners and Chinese Citizens in accordance with the Law" stipulates that the method of restricting exit measures shall be in the form of a decision, but the decision shall be taken ex officio by the People's Court, and the measures to restrict exit shall be The scope of the prohibition should be determined by adjudication. Measures to restrict exit should be submitted to the people's court with jurisdiction and preservation fees should be paid. Measures to restrict exit from the country involve the personal rights of the parties concerned and may be potentially more disadvantageous or even actually disadvantageous to the respondent than property preservation. Therefore, the respondent should have corresponding remedies for wrongful measures. Articles 92 and 96 of my country's Civil Procedure Law stipulate that when the People's Court adopts property preservation measures, it may order the applicant to provide a guarantee; if the applicant fails to provide a guarantee, the application shall be rejected. If there is an error in the application, the applicant shall compensate the respondent for the losses suffered by the respondent due to property preservation. The author believes that the issuance of exit restriction measures should be more stringent than property preservation. Generally speaking, the People's Court's intervention is not ex officio, but must be based on the applicant's application, and the applicant must provide a guarantee. The amount of guarantee shall be limited to the loss or damage that the respondent may suffer. The People's Court shall make a ruling to restrict exit from the country and implement it. The People's Court shall review the applicant's application. If the applicant's application complies with the regulations upon review, the People's Court shall make a written ruling ordering the respondent not to leave the country and detaining his or her ID card or passport. , indicate the reasons why you are not allowed to leave the country. If the certificates of persons restricted from exiting the country cannot be seized and the persons who are restricted from leaving the country need to be prevented from leaving the country at the border inspection station, they should fill in the "Notification of Persons Blocked at the Port" in accordance with the provisions of "Several Provisions on Legally Restricting the Exit of Foreigners and Chinese Citizens". A civil ruling is attached and handed over to the public security and border defense agencies for control. The effectiveness of a ruling restricting exit from abroad shall generally last until the final legal document takes effect.