Civil litigation preservation, what is litigation preservation

"Litigation property preservation" refers to a system where, in civil litigation, the people's court adopts temporary compulsory measures against the relevant property disputed by the parties on the basis of the parties' application or the people's court's ex officio decision in order to ensure that future judgments can be realized. Fee standards for litigation preservation cases: 1. If the amount or value of the property to be preserved is less than 1,000 yuan, 30 yuan shall be paid for each case; 2. The part exceeding 1,000 yuan to 100,000 yuan shall be paid at 1%; 3. The part exceeding 100,000 yuan shall be paid; The fee to be paid by the parties applying for preservation measures shall not exceed 5,000 yuan.

The Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Property Preservation Cases by the People's Courts stipulate that where a people's court orders the person applying for preservation to provide a guarantee for property preservation in accordance with Article 100 of the Civil Procedure Law, the amount of the guarantee shall not exceed 30% of the amount requested; If the property to be preserved is the subject matter of the dispute, the amount of security shall not exceed 30% of the value of the subject matter of the dispute. During the period of property preservation, if the guarantee provided by the person applying for preservation is insufficient to compensate for the losses that may be caused to the person subject to preservation, the people's court may order it to add the corresponding guarantee; and where an addition is refused, a ruling may be made to lift or partially lift the preservation. Legal basis:

Article 14 (2) of the Measures for Payment of Litigation Fees (2) Where an application for preservation measures is made, the following standards shall be paid according to the actual amount of property to be preserved: if the amount of property does not exceed 1,000 yuan or does not involve the amount of property, 30 yuan shall be paid for each item; The part exceeding 1,000 yuan to 100,000 yuan shall be paid at 1%; The part exceeding 100,000 yuan shall be paid according to the payment. However, the fee to be paid by the parties applying for preservation measures shall not exceed 5,000 yuan.

Property preservation is also called litigation preservation. It refers to the protective measures taken by the court ex officio to prevent the parties (defendants) from transferring, concealing, or selling property before making a judgment, so as to ensure that the judgment can be smoothly enforced after it takes effect in the future. Specific measures generally include sealing, seizure, and freezing.

Property preservation is generally applied for by the parties, and the people's court is to review and decide whether to adopt property preservation measures. If the party (person) has not made an application, but the disputed property may be damaged, lost or otherwise in danger, the court may take preservation measures ex officio.

To apply for litigation preservation, the following conditions must be met: (1) The case for litigation preservation must be a lawsuit for payment, or a combination of lawsuits for payment, that is, the lawsuit must have payment content. A simple lawsuit for confirmation or modification does not have the content of payment, and litigation preservation is not applicable.

2) The premise of litigation preservation must be met. It must be that the judgment may be unenforceable or difficult to enforce due to the behavior of one party or other reasons, so that the legitimate rights and interests of the right holder will suffer irreparable losses and irreparable consequences.

Evidence preservation in civil proceedings: The people's court extracts and controls evidence that may be lost or may be difficult to obtain in the future according to the application of the parties or ex officio.

Civil Procedure Law and Judicial Interpretation of the Civil Procedure Law: "Preservation".

1. Litigation preservation 2. Pre-litigation preservation 3. Scope of preservation.

4. Property preservation measures 5. Lifting of preservation 6. Handling of incorrect preservation applications.

2) Legal practice of preservation guarantees.

1. Overview of preservation guarantee 2. Review of guarantee.

3. Preservation of the secured property 4. Lifting of the preservation measures of the secured property.

3) Evidence preservation practices in civil litigation procedures.

1. Jurisdiction over evidence preservation 2. Types of evidence preservation and conditions for initiation 3. Requirements for evidence preservation.

4. Submission of evidence preservation 5. Court review of the scope of evidence preservation 6. Security of evidence preservation.

7. Methods of preservation of various types of evidence 8. Methods of preservation of several types of special evidence 9. Skills in the implementation of evidence preservation.

You're doing the right thing. You can keep the car, but you need to submit an application form.

1. What is litigation preservation?

1. Litigation preservation refers to the compulsory restrictive measures taken by the people's court in accordance with the law on the subject matter of the litigation or the property related to the case before making a judgment on the case that may be rendered unenforceable or difficult to enforce due to the conduct of one of the parties or other reasons. Before deciding to employ litigation preservation measures, the people's court may order the applicant to provide a guarantee, and where it refuses to provide a guarantee, it shall reject the application for litigation preservation.

2. Legal basis: Article 101 of the Civil Procedure Law of the People's Republic of China.

Where an interested party's lawful rights and interests will be irreparably harmed if it does not immediately apply for preservation due to the urgency of the situation, it may apply to the people's court with jurisdiction over the case to take preservation measures at the place where the property subject to preservation is located, the place where the respondent is domiciled, or the people's court with jurisdiction over the case before initiating a lawsuit or applying for arbitration. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application. After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

Where the applicant does not initiate litigation or apply for arbitration in accordance with law within 30 days after the people's court adopts the preservation measures, the people's court shall lift the preservation.

II. What are the conditions for litigation preservation.

The conditions for litigation preservation are:

1. The party concerned shall apply for Zaoxian;

2. It must be necessary to take property preservation;

3. The case of preservation must be a lawsuit for payment.

Legal analysis: Litigation preservation refers to the compulsory measures taken by the people's court in accordance with the law against the subject matter of the litigation or the property related to the case before making a judgment on the case that may be rendered unenforceable or difficult to enforce due to the conduct of one of the parties or other reasons.

Legal basis: Article 100 of the Civil Procedure Law: In cases where it may be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons attributable to them, the people's court may, upon the application of the other party, decide to preserve the property, order the party to perform certain acts, or prohibit the party from doing certain acts; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary.

The people's court may order the applicant to provide a guarantee when taking preservation measures, and if the applicant does not provide a guarantee, rule to reject the application.

After the people's court accepts the application, it must make a ruling within 48 hours if the situation is urgent; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

The Civil Procedure Law stipulates the scope and procedures of preservation. When a party has sufficient evidence to prove that its rights have been infringed upon, or may be infringed upon, it may apply to the people's court for property preservation, evidence preservation, conduct preservation, and so forth.

Preservation refers to a litigation measure in the course of litigation to protect the legitimate rights and interests of the parties, prevent damages, make the judgment effective, and preserve the parties' property, evidence, and behavior. According to the provisions of the Civil Procedure Law, the parties may apply to the people's court for property preservation, evidence preservation, act preservation, etc. Among them, property preservation refers to the preservation measures taken against the property that may make it difficult for the parties to enforce the judgment, evidence preservation is to protect the parties' evidentiary rights and preserve their known and unknown evidence, and act preservation refers to the requirement of the respondent to stop its ongoing infringement in order to protect the legitimate rights and interests of the parties and prevent damages.

When applying for preservation, the parties shall submit relevant evidence. If the people's court considers that the evidence is sufficient to prove that the right of the application has been infringed, or may be infringed, it may decide to take preservation measures. After the preservation measures are enforced, the parties shall file a lawsuit with the people's court within one month.

If no lawsuit has been filed or no payment agreement has been reached within one month, the respondent may apply for the lifting of the interim measures.

What are the circumstances in which preservation measures can be applied? According to the provisions of the Civil Litigation Law, the parties may apply to the people's court for property preservation, evidence preservation, conduct preservation, etc., for the rights they claim. Among them, property preservation mainly refers to the preservation measures taken to prevent the respondent Kjeldahl from transferring, concealing or damaging property in the course of litigation; Evidence preservation is to protect the parties' evidentiary rights and preserve their known and unknown evidence; In order to protect the legitimate rights and interests of the parties and prevent damages, the respondent is required to stop the infringement it is doing.

Preservation is an important measure to protect the rights and interests of parties in civil litigation. When a party finds that its rights may be infringed, it may apply to the people's court for preservation to prevent damage and ensure that the final judgment can be effectively enforced by taking appropriate preservation measures.

Legal basis:

Article 95 of the Civil Procedure Law of the People's Republic of China: When parties have evidence sufficient to prove that their rights have been infringed upon, or may be infringed upon, they may apply to the people's court for property preservation, evidence preservation, conduct preservation, and so forth.