Malicious litigation is a litigation behavior in which the parties use litigation to seek illegitimate interests for themselves. To apply for property preservation, the applicant shall provide sufficient guarantee. The scope of property preservation can't be completely based on the object of litigation, and the object of contract, actual performance and direct losses should be fully considered to prevent excessive preservation and damage to 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. The application for interim measures before trademark and patent litigation should strictly grasp the starting conditions, and if necessary, it should be ruled by technical comparison. When asking for a guarantee, we should not only consider the income and reasonable expenses of the respondent, but also consider the losses and expenses caused by the applicant's malicious behavior. In addition, false litigation, who abused the right of action, should speed up the trial period and allow the victim to claim tort liability compensation based on tort liability.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 81 In the case that evidence may be lost or difficult to obtain later, the parties may apply to the people's court for evidence preservation in the course of litigation, and the people's court may also take preservation measures on its own initiative.
In case of emergency, the evidence may be lost or difficult to obtain later, the interested party may apply for evidence preservation to the place where the evidence is located, the domicile of the respondent or the people's court with jurisdiction before bringing a lawsuit or applying for arbitration.
Other evidence preservation procedures shall refer to the relevant provisions of Chapter IX of this Law. Article 100 A people's court may, on the application of the other party, order the preservation of property, order the implementation of certain acts or prohibit the implementation of certain acts in a case that may cause difficulties in execution or other damage due to the behavior of one party or other reasons. 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.