Frequently Asked Questions

26 2026-10

How to apply for a renewal of the preservation order when it expires?

30 days before the expiration of the preservation period, the applicant shall apply to the original court for renewal of the preservation order; in accordance with Article 104 of the Civil Procedure Law of the People's Republic of China, the deposit shall be frozen for one year, movable property for two years, and real estate for three years. If the time limit is exceeded, the preservation order s...

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26 2026-10

What are the requirements for applying for preservation of evidence in a lawsuit?

In the lawsuit, the preservation of evidence is applied in accordance with Article 103 of the Civil Procedure Law to situations where the judgment is difficult to enforce or may cause damage; it is required in cases involving payment orders, where there is a risk of transfer and usually a guarantee is provided. If the evidence is complete and the clues are sufficient, the application is likely to ...

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26 2026-10

How much do I need to pay for the property preservation guarantee fee?

The property preservation guarantee fee is charged according to the guarantee method, and the insurance guarantee letter is charged at a few percent of the property preservation amount; the application fee for property preservation is charged separately, which is about 4,370 yuan for a 770,000 yuan subject matter. Reasonable expenses can be borne by the losing party.

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26 2026-10

Do I need to compensate the other party for their losses in the event of a security breach?

According to Article 108 of the Civil Procedure Law, if there are errors in the application for preservation of evidence, the applicant shall compensate the losses of the respondent; if there are errors in the excessive seizure, the mis-freezing of the third party's property, or the malicious application, the applicant may be held liable for the errors, and the compensation shall be limited to the...

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26 2026-10

How to apply for pre-litigation property preservation?

Pre-litigation property preservation must be applied to the court where the property is located or the defendant's residence, and the application, guarantee and property clues must be submitted; according to Article 104 of the Civil Procedure Law, the plaintiff must file a lawsuit within 30 days, otherwise the property preservation order will be lifted.

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26 2026-10

What are the criteria for determining illegal forced demolitions?

The determination of illegal demolition shall be based on three criteria: the subject, the procedure, and the basis. Administrative authorities are not allowed to carry out demolition without authorization and must apply to the court for enforcement. Within six months, the demolition victims shall file a lawsuit to confirm the illegality and claim compensation, and they should fix the evidence of ...

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26 2026-10

What are the legal grounds for the unreasonable compensation in the expropriation process?

If the compensation for expropriation is unreasonable, the expropriated party may invoke Article 48 of the Land Management Law, the principle of fair compensation, and Articles 2 and 19 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land to protect their rights, including provisions such as the evaluation of the compensation amount at no less than the market pric...

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26 2026-10

What are the legal consequences of a notice to demolish unauthorized buildings?

Upon receiving the notice of demolition of illegal buildings, if the owner fails to request a reconsideration, file a lawsuit, or carry out the demolition within the specified time limit, the building will be forcibly demolished. There is a 60-day reconsideration period and a six-month lawsuit period after the notice is issued. If the owner fails to comply with these time limits, they will lose th...

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26 2026-10

Can I call the police if I encounter forced demolition?

When encountering forced demolition, you can and should call the police in time. The police report can fix the time of the forced demolition and the subject and losses involved; however, the police often regard it as an administrative dispute, so you need to simultaneously file an administrative lawsuit to confirm the illegality and apply for compensation.

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26 2026-10

How to write an application for administrative reconsideration?

The application for administrative reconsideration shall specify the applicant, the respondent, the request for reconsideration, the factual reasons, and attach evidence; according to the Administrative Reconsideration Law, the application period is generally 60 days from the date when the applicant knows about the administrative act.

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26 2026-10

How to attend the hearing on compensation for expropriation?

For objections to the compensation plan for expropriation, a hearing may be requested: If most of the expropriated people believe that the plan does not comply with regulations, the government shall organize a hearing; to participate, they must bring the ownership and evaluation materials and make statements in accordance with the law.

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