This once again stunned Zhou Yi. Property can be preserved, but can behavior also be preserved?
How to protect it?
Behavior preservation sounds very similar to property preservation.
The only difference is that one takes compulsory measures against property, while the other takes compulsory measures against behavior.
Property preservation means that if compulsory measures are not taken, the property may not be recovered, and behavior preservation is also a concept.
Failure to take coercive measures may render the judgment unenforceable.
How to understand it? The simplest way is to explain the law through cases.
Zhang San is a big boss. His wife wants to divorce him. Their child is already eight years old and is definitely past the breastfeeding period.
Therefore, in a divorce judgment, the child is very likely to be awarded to Zhang San, who has better financial conditions.
Zhang San's wife loved her children very much, so she thought that before the verdict came out, she might as well take the children abroad.
When Zhang San saw that it was not possible, he applied to the court for a behavioral preservation order to restrict his wife from leaving the country. After reviewing the case, the court found no problem and made a behavioral preservation order to restrict Zhang San’s wife from leaving the country.
This type of preservation is most common in the field of intellectual property infringement.
After all, it often happens that when you sue someone, they still infringe your rights, and by the time you have made a judgment, their case has also been settled.
Of course, just like property preservation, you also have to pay a deposit if you apply for behavior preservation.
“Similarly, behavioral preservation can also be used in neighboring relationships.”
Zhou Yi recovered from his daze and quickly asked: "Then why didn't you say this when I was disturbed by that old lady upstairs?"
Fang Dazhuang laughed and said, "I didn't know you at the time. Who would have known that you would go to such lengths to get serious about this?"
Security must have a deposit. If there is any problem, the deposit will be wasted.
"So with this, the child won't be able to bully others anymore? What if the other party still bullies others?" Zhou Yi asked again.
Attorney Fang said, "This is the beauty of behavioral preservation. Let me ask you, when was the judgment to stop the infringement issued?"
He understood this, and Wang Daoren said a lot when he went to report.
"It was an infringement at a specific moment, so if there is further infringement after the judgment, then a new lawsuit will have to be filed."
"Yes, but behavior preservation lasts for a period of time. Do you understand what I mean? From the time the court makes a ruling to the time the verdict is handed down, it is effective during this period of time!" Lawyer Fang said word by word.
That's the difference.
Zhou Yi suddenly realized that this was actually an alternative judgment, and in a sense it could also control the "future".
"Civil cases last a long time, with first and second trials, and even the possibility of applying for a retrial. So if the other party continues to engage in similar behavior during this period, what do you think will happen?"
In Zhou Yi's mind, the crime that had been floating in his mind for a long time finally became clear: the crime of refusing to execute a judgment or ruling.
Behavior preservation is also subject to the ruling...
"Another point. Since one of our opposing parties is a minor with limited civil capacity, who do you think this behavioral preservation order was issued to?"
"Of course, the crime of refusing to execute a judgment requires serious circumstances. Maybe the first time doesn't count, but what about the second and third time?"
"Even if the verdict takes effect, you can apply again if the other party commits another offense. Do you think the cumulative consequences will become serious?"
"So I'm actually quite curious why Lawyer Wang from your company is always trying to get that student incarcerated. Under the current legal system, it's really not that easy to get a minor incarcerated!"
"I am still a child after all..."
Fog...Zhou Duan had nothing to say, really nothing to say.
Otherwise, why do they say that the difference between lawyers is sometimes even greater than the difference between humans and dogs?
Although Fang Dazhuang is very interested in juvenile delinquency, he did not rush to use unconventional means to solve the problem after learning about it.
He always solved problems within the legal framework from beginning to end, instead of using dirty tricks used by lawyers.
Does Mr. Fang understand the tricks used by lawyers? Zhou Yi thinks that he definitely does, and he knows more than Wang Daoren and the others.
But ever since they met each other, no matter what the circumstances, Fang Dazhuang never seemed to do anything out of the ordinary.
Anyway, to put it in other people's words, you use money to lure others into robbery, which is a method that any normal person can think of.
Because of the promotion of legal education, many people know that robbery is a serious crime and that people over the age of fourteen will bear criminal responsibility.
Those aged between twelve and fourteen can also bear criminal responsibility with the approval of the Supreme People's Procuratorate.
Therefore, Wang Daoren’s method may not be effective.
But as for Mr. Fang... Zhou Yi felt that judging from his situation, he definitely couldn't stop.
Because the father didn't care at all and always let the child do what he wanted.
If he had taken more care, the current situation would not have happened.
Zhou Xinran on the opposite side was completely confused. She actually knew everything that Mr. Fang said.
But I just didn’t think about it in connection.
In other words, no one would have thought that such a cool thing could be done.
This is why Fang Dazhang said that only Zhou Yi could do this, because he could quickly apply for preservation and sue every time an infringement occurred...
If you file a lawsuit within 30 days after successfully applying for preservation, then it's fine. You can wait until the 29th day to file the lawsuit...
Anyway, the longer the time, the better it is for us.
For others, not to mention the matter itself, just the deposit and the prosecution may not be achieved.
This really requires both time and leisure, and you also need a professional lawyer to help you handle it.
"I'll have Wang Daoren apply right away and start tomorrow!"
Soon, Wang Daoren, who was working overtime at the company, received a call from Zhou Yi.
"What? Behavioral security? But it's so intentional... eh, it does seem meaningful!"
Open your mind a little, she is still a child. Free reading.
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