Meaning
Court-ordered mandates require a party to perform or refrain from specific acts to prevent immediate harm to a legal right or interest. Chinese courts grant behavioral preservation as a preliminary remedy similar to an injunction during litigation or arbitration proceedings. A party seeking this order must demonstrate that the inaction of the counterparty would cause irreparable damage or render a final judgment impossible to enforce.
Procedural Requirement
Applicants must submit a formal request along with evidence of their underlying claim and the specific threat posed by the current situation. For most requests, the court demands a financial guarantee to cover the potential losses of the respondent if the behavioral preservation is later found to be unjustified.
Risk Assessment
Judges evaluate the urgency of the matter and the likelihood that the applicant will succeed on the merits of the case. If the harm to the applicant outweighs the inconvenience to the respondent, the order for behavioral preservation is more likely to be issued.
Enforcement Measure
Failure to comply with the order leads to fines or other judicial sanctions. The court can also request the assistance of public security organs to ensure the mandate is followed. Because the order is often issued before the final trial, behavioral preservation remains a temporary measure that stays in effect until the case is resolved or the court cancels it.
This speed is intended to stop the destruction of evidence or the unauthorized use of intellectual property before a full trial concludes. It maintains the status quo.
