A high score is required for the basics of 100 laws

Article 100 of the Criminal Procedure Law stipulates that when necessary, the people's court may take preservation measures to seal, seize or freeze the defendant's property. The plaintiff or the people's procuratorate in an attached civil lawsuit may apply to the people's court to adopt preservation measures. The relevant provisions of the Civil Procedure Law are to be applied to the people's courts employing preservation measures.

1. What are the precautions for filing an attached civil lawsuit?

Attached civil litigation is essentially a kind of civil litigation, in which property preservation and prior enforcement measures may be taken, so property preservation and prior enforcement measures may also be adopted in attached civil litigation.

Property preservation in attached civil litigation refers to the adoption by judicial organs of certain preservation measures against the defendant's property in the course of criminal proceedings when it is impossible or difficult to enforce a judgment in an attached civil lawsuit that may take legal effect in the future due to the conduct of the defendant or others, so as to ensure that the attached civil judgment can be enforced. Paragraph 3 of Article 77 of the Criminal Procedure Law stipulates: "When necessary, the people's court may seal or seize the defendant's property.

Attachment and seizure here are interim measures in attached civil litigation.

Attention shall be paid to the preservation of property in attached civil litigation

1. There must be an emergency, that is, the defendant or other person may perform an act that makes it impossible or difficult for the court to enforce the judgment of the attached civil lawsuit in the future.

2. The object of property preservation is limited to the defendant's property or property related to the case, and property unrelated to the defendant and the case must not be preserved.

3. The value of the property to be preserved must be equal to the value or amount of the claim or claim, and cannot be greater than the value or amount of the claim or claim. Fourth, after the property preservation measures have been taken, if the circumstances of the case have changed and the reasons for the property preservation have disappeared, the property preservation should be revoked in a timely manner.

Legal basisArticle 100 of the Criminal Procedure Law of the People's Republic of China.

In the course of reviewing and approving arrests, if the people's procuratorate discovers that the public security organ's investigative activities have violated the law, it shall notify the public security organ to make corrections, and the public security organ shall notify the people's procuratorate of the corrective circumstances and the only way to do so.

Article 8 of the Criminal Procedure Law of the People's Republic of China.

The people's procuratorates exercise legal supervision over criminal proceedings in accordance with law.

Law is a system of norms of behavior that is formulated, recognized and guaranteed to be enforced by the state, reflects the will of the ruling stage determined by specific material living conditions, takes rights and obligations as the content, and confirms, protects and develops the social relations and social order desired by the ruling class.

Common essence: Law is the expression of the will of the ruling class.

Basic characteristics: (1) Law is a norm that regulates human behavior or social relations; (2) Laws are social norms that are enacted or approved by the state and are universally binding; (3) law is a social norm that is guaranteed to be enforced by the coercive power of the state; (4) Law is a social norm that stipulates rights and duties. Normative role:

As a social norm formulated by the state, the law has the normative role of guidance, evaluation, education, education and compulsion. Social role: to maintain the class rule of the ruling class; Carry out social and public affairs.

The relationship between law and other social phenomena.

1) Law and Economics.

The role of law in the macroeconomic regulation and control of the market economy: the guiding role; facilitation; safeguard role; Constraints.

The role of law in regulating microeconomic behavior: confirming the legal status of economic actors; adjustment of relations in economic activity; settlement of various disputes in economic activities; Maintain normal economic order.

2) Law and Politics and Policy.

The political constraints of law are reflected in the following: the development and change of political relations are important factors affecting the development and change of law; The reform of the political system also restricts the content of the law and the changes in its development; The content of political activities restricts the content of the law and its changes.