Meaning
Judicial evidence preservation measures authorized under the People’s Republic of China Civil Procedure Law allow courts to secure or document critical evidence at risk of destruction or alteration before or during litigation. The zhengju baoquan process enables litigating parties to obtain court orders for digital drive cloning and physical asset seizures at target premises. Preservation applies to perishable evidence and proprietary digital files, stopping where requested evidence is publicly available or outside Chinese judicial jurisdiction.
Application Procedure
Applicants submit formal petitions accompanied by prima facie infringement evidence and mandatory financial security guarantees. Requesting zhengju baoquan requires demonstrating that evidence could be destroyed or rendered unattainable without immediate court intervention. Judges decide pre-litigation preservation applications within forty-eight hours.
Judicial Execution
Court bailiffs and technical experts execute preservation orders by visiting factory premises unannounced to copy software drives and seal physical items. During zhengju baoquan execution, court personnel prepare detailed inventory logs co-signed by site representatives. Resistance to judicial execution attracts administrative detention and financial fines.
Evidentiary Impact
Preserved evidence carries high probative value in subsequent civil trials and IP infringement proceedings. Securing court orders under zhengju baoquan prevents defendants from purging electronic records or altering machine configurations before trial discovery.
