Legal analysis: 1. Strict condition review. The court should strengthen the examination of the application for property preservation. 2. Improve safety methods. Adhere to the principle of giving consideration to the interests of creditors and debtors, combining principle with flexibility, and choose to use preservation measures in the order of real estate, movable property and bank deposits to make way for debtors who are temporarily in trouble, so as not to affect their production and business activities as much as possible and avoid negative effects due to improper preservation methods. 3. Improve the legal provisions. To improve the relevant laws and judicial interpretations, it is necessary to clearly define the applicable situation of property preservation, refine the specific conditions and stipulate the substantive elements of property preservation; At the same time, we should clearly stipulate the specific requirements for creditors to provide guarantees and how to compensate the other party for the losses caused by the abuse of property preservation, appropriately raise the "threshold" of property preservation, enhance operability, and prevent the parties from abusing the right of preservation. When there is no clear legal restriction on malicious prosecution of abusing the right of action or abusing the right of action to disturb the judicial order, the prevention and treatment of false litigation who abused the right of action should focus on individual cases, emphasizing that judges should exercise the litigation rights of the parties in strict accordance with the law. For example, to apply for property preservation, the applicant is required to provide sufficient guarantee, and the scope of property preservation cannot be completely based on the subject matter of litigation. Full consideration should be given to the subject matter of the contract, actual performance and direct losses to prevent excessive preservation from damaging the production and operation of the respondent; For objection applications, it is necessary to speed up the process of objection review and decision; For repeated identification, it is necessary to decide whether to agree to the identification in strict accordance with the regulations, and there should be a clear time requirement for the identification agency if it agrees; When applying for interim measures before trademark and patent litigation, the starting conditions shall be strictly controlled, and the ruling shall be made only through technical comparison when necessary. When requesting to provide a guarantee, in addition to the income and reasonable expenses of the respondent, the losses and expenses caused by the applicant's malicious behavior should also be considered; In addition, for false litigation who abused the right of action, it is necessary to speed up the trial cycle and allow the victims to claim tort liability compensation according to the General Principles of the Civil Law and the Tort Liability Law. The most important thing is how judges strictly abide by the rules.
Legal basis: Article 100 of the Civil Procedure Law. In the case that the judgment may be difficult to execute or cause other damage to the other party, the people's court may, upon the application of the other party, order it to preserve property, order it to do certain acts or prohibit it from doing certain acts. If the parties do not apply, the people's court may also order the adoption of preservation measures when necessary. When the people's court takes preservation measures, it may order the applicant to provide a guarantee. If the applicant is unable to provide a guarantee, the application shall be rejected. After accepting the application, the people's court must make a ruling within 48 hours in case of emergency; Those ordered to take protective measures shall be executed immediately.