Meaning
Emergency statutory measures executed by Chinese courts secure critical evidence that is at risk of destruction, loss or alteration prior to or during litigation. Under the Civil Procedure Law of the People’s Republic of China, 证据保全 empowers judges to inspect production facilities, freeze electronic server records, impound infringing goods and confiscate financial documents. Litigants apply for court preservation when evidence remains under the exclusive control of an adverse party or contract manufacturer.
Courts execute these measures swiftly to prevent non-compliant defendants from removing production machinery, wiping hard drives or altering factory logbooks upon receiving notice of litigation.
Application Threshold
Applicants must submit detailed evidence descriptions, show urgency and demonstrate that crucial proof cannot be secured independently.
Enforcement Action
Enforcement officers accompanied by technical experts execute court orders directly at factory premises, operational offices or server locations without prior warning to the respondent. During the execution of 证据保全, court staff photograph assembly lines, copy electronic databases, seal physical inventory and copy financial account ledgers. Parties must provide access to machinery and digital systems under threat of civil penalties or criminal liability for obstruction of justice.
The court holds all impounded items and copied files in official custody, granting access to litigants during subsequent evidentiary exchange hearings.
Liability Risk
Tribunals require applicants to post financial security or cash bonds to cover potential losses caused by wrongful preservation measures. If an applicant loses the underlying lawsuit or if the preservation order improperly halts lawful manufacturing operations, the respondent may claim damages against the posted security. Consequently, rights holders balance the necessity of securing essential manufacturing records against the potential financial liability arising from an overbroad or unsuccessful application.
