Legal analysis
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 after providing the guarantee; Where protective measures are ordered, they shall be implemented within five days. In case of emergency, a ruling must be made within 48 hours; Those ordered to take protective measures shall be executed immediately. The characteristic of property preservation before litigation is that it can effectively prevent the obligor from transferring, hiding or squandering his property in time. Because the property of the respondent is in the state of sealing up, distraining and freezing, it has become impossible for it to escape its legal obligations. Therefore, they often take the initiative to negotiate with the applicant to resolve disputes. Practice has proved that a large number of cases with property payment content are settled by settlement before or during litigation, which reduces the litigation cost of the parties; Because the property of the respondent is under the control of the people's court, this part of the property can be directly executed, the legitimate rights and interests of the applicant can be realized in time, and the loss of the applicant can be minimized. Applicable conditions of pre-litigation property preservation: the application for pre-litigation property preservation must have the content of payment, that is, the applicant's future litigation request has the content of property payment. In case of emergency, failure to take corresponding preservation measures immediately may cause irreparable losses to the legitimate rights and interests of the applicant. An interested party files an application for property preservation before litigation. Interested parties, that is, people who have disputes with the respondent or think that their rights have been infringed by the respondent.
legal ground
Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Property Preservation Cases by People's Courts
Article 4 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 after providing the guarantee; Where protective measures are ordered, they shall be implemented within five days. In case of emergency, a ruling must be made within 48 hours; Those ordered to take protective measures shall be executed immediately.