(a) to apply for pre-litigation property preservation, the interested party shall apply to the court of appeal before the prosecution.
If the people's court accepts the application and makes a preservation ruling, if the applicant does not bring a lawsuit within 30 days, the preservation ruling will be lifted. Litigation property preservation can be applied at the same time as prosecution or after prosecution.
(2) The applicant provided a clear clue.
Providing property clues is different from execution. The people's court will not search the debtor's property for the parties in the property preservation stage, and the applicant must provide clear property clues himself.
(3) The people's court of guaranty may order the applicant to provide guaranty, and if the applicant fails to provide guaranty, his request shall be rejected.
(4) If a party applies for pre-litigation preservation, the people's court shall make a ruling within 48 hours after accepting it. Once the award is made, it will take legal effect. If a party refuses to accept the decision, it may apply for reconsideration once, and the execution of the award will not be suspended during the reconsideration period.
(5) The ruling on lifting property preservation shall be effective before the effective legal documents are executed. If the preservation measures need to be lifted during the litigation, the court shall make a timely ruling to revoke the ruling on property preservation. The reasons and conditions for property preservation have changed, and it is unnecessary to preserve it; The respondent provides the corresponding guarantee; The applicant for pre-litigation preservation did not file a lawsuit within 30 days.
(6) If there is an error in applying for property preservation, and the respondent suffers losses due to property preservation, the applicant shall be liable for compensation.
After accepting the application for property preservation, the people's court shall make a ruling within five days. If it is necessary to provide a guarantee, it shall make a ruling within five days. If it is decided to take protective measures, it shall be implemented within five days. It takes up to five days for the court to perform preservation, but most of them will be preserved immediately after the preservation materials are complete, and a few will be preserved after five days, because the court is worried that the preserved property will be transferred. In case of emergency, a ruling must be made within 48 hours, and if it is ruled that preservation measures should be taken, it should be executed immediately.
To sum up, the parties applying for evidence preservation shall meet the following conditions:
1. The evidence preserved must be related to the case, that is, the evidence can be used as a basis to prove the occurrence, change or elimination of civil relations between the two parties.
2. Evidence may be lost or difficult to obtain later.
3. Copyright owners, copyright-related obligees, trademark owners and their interested parties may submit written applications before or during the litigation. The patentee and its interested parties may file a written application in the litigation. When the people's court implements measures to stop patent infringement before litigation, it may, at the request of the parties concerned, preserve the evidence at the same time.
4. If the preservation of evidence may cause property losses to the respondent, the people's court may order the applicant to provide corresponding guarantees.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 102
Property seizure
When necessary, the people's court may take preservation measures to seal up, detain or freeze the defendant's property. The plaintiff or the people's procuratorate in an incidental civil action may apply to the people's court for preservation measures. The people's court shall adopt preservation measures and apply the relevant provisions of the Civil Procedure Law.