If a party is involved in civil and commercial proceedings and property or evidence preservation， the following information on property or evidence preservation will help the party concerned to participate in the proceedings more efficiently and conveniently. Please read it carefully.
22.1. Under which Conditions can the Party Concerned Apply for Property Preservation or Evidence Preservation?
If, in an emergency situation, the party involved does not immediately apply for property preservation before the lawsuit， leading to irreparable damage to the legitimate rights and interests of the party concerned， he shall apply to the court for property preservation and shall provide tender guarantee.
After the prosecution, where the judgement of the case cannot or shall be difficult to enforce in the process of litigation due to the conduct of a party or for other reasons， the court， according to the request of the other party， will make a judgement for property preservation. The applicant shall provide the tender guarantee.
Where the evidence may be lost or difficult to obtain， the litigant may apply to the court for evidence preservation. If the parties concerned apply for evidence preservation more than seven days before the deadline for producing evidence, the court may require them to provide the corresponding guarantees.
22.2. Materials Need to be Provided in Property Preservation or Evidence Preservation.
22.2. 1.Application for property and evidence preservation should be specified with the name and address of the applicant and the respondent， the prohibited behaviour, the amount of property preservation or the evidence， facts and reasons. The property preservation shall be limited to the scope of the claim or the property related to the case. For the evidence preservation, the variety and the type of the evidence should be specified in detail.
22.2.2. Materials certifying the qualifications of the applicant and the respondent , such as business licenses, identity documents， the certificate with the applicant's rights in accordance with the law, as well as the evidence of infringement or the material concerning the legal relationship between the applicant and the respondent. The original evidence for the preservation of property should be submitted to the register for examination.
22.2.3.The property guaranty should contain the voucher’s name and address, the name of vouchee, the content of the guaranty and the name and amount of the property used for vouch. The voucher shall sign and seal on the guaranty.
If the party concerned applies for property or evidence preservation， the property preservation fees should be paid in accordance with the law， and the plaintiff should provide evidence or clues of the property status of the defendant.
22.3.Notice of Property Guaranty.
22.3.1. The property used as guarantee can be cash (including passbook) ， real estate， vehicles， stocks and other property with legal circulation and clear ownership. The voucher must have full ownership of the secured property with no complications from security or law enforcement departments. Properties without guaranty will be seized by law-enforcing department. The property that acts as guaranty will be checked with the original：
22.3.2.Financial institutions, asset management companies and other units that meet the conditions for providing credit guarantee may provide credit guarantee (except for application for pre-litigation) ;
22.3.3.When applying for the preservation of property, the applicant should submit the original ownership certificate of the collateral and the court will carry out the safeguard measures for property guaranty according to the law. When the judgment come into effect， the applicant may apply to the court for the removal of the secured property preservation.
22.4. If the Application for Property or Evidence Preservation does not Meet the Requirements.
22.4.1. If the parties concerned apply for property preservation without paying the preservation fees according to the regulations, the court shall not adopt any preservative measures for the property that has been applied for preservation;
22.4.2. If the party concerned applies for the preservation of property but fails to provide the appropriate property preservation as required by the court, the court shall dismiss the application in accordance with the law;
22.4.3. If the applicant applies for property preservation with fault， he shall compensate the respondent for the loss caused by the preservation of property.
