Litigation preservation is not something you can apply for if you want. Only the applicant can apply for litigation preservation under the circumstances stipulated by law. You need to provide an application and pay the preservation fee. 1. The standard of civil litigation preservation fee is 1. If the amount or price of the preserved property is less than 1000 yuan, each piece shall be paid to 30 yuan; 2, more than 1000 yuan to 65438+ 1000 million yuan, according to 1% pay x *1%+20; 3.X * 0.5%+520 over RMB 6,543.8+10,000 Yuan shall be paid by 0.5%; 4, the parties to apply for protective measures to pay the maximum fee is not more than 5000 yuan; 5. In civil cases of intellectual property rights, if there is no dispute about the amount or price, 500 yuan to 1 000 yuan per piece; The disputed amount or price shall be paid according to the standard of property cases; 6. Payment for each labor dispute case 10 yuan; 7 administrative cases shall be paid according to the following standards; 8. Pay 100 yuan for each trademark, patent and maritime administrative case; 9, other administrative cases each pay 50 yuan; 10. If the parties object to the jurisdiction of the case, and the objection is not established, they shall pay 50 yuan to 100 yuan for each piece. Two. The scope of property preservation The function of property preservation is to prevent the parties from disposing of the disputed subject matter before the people's court makes a judgment or disposing of the property for execution after the judgment takes effect, so as to prevent the dispute from expanding and ensure the effective judgment to be executed. However, if the people's court takes improper property preservation measures, it will damage the property rights and personal rights of the parties. For example, freezing all the bank deposits of the parties beyond the scope of the applicant's request will limit the business activities of the other party. Article 102 of the Civil Procedure Law stipulates: "Property preservation is limited to the scope of the request or the property related to this case." The relevant judicial interpretation in the Supreme People's Court also holds that when the people's court takes property preservation measures, the scope of preservation should be limited to the disputed property of the parties or the property of the defendant, and property preservation measures should not be taken for the property of outsiders. Generally, preservation measures shall not be taken for the property related to the case obtained by outsiders in good faith. Therefore, the scope of property preservation cannot exceed the scope requested by the applicant or the price of the disputed property. Taking preservation measures can only achieve the purpose of property preservation within the scope of the request of the parties or interested parties, realize the rights and interests of the applicant and avoid causing undue losses to the respondent. Three. Property preservation measures According to the provisions of the Civil Procedure Law, property preservation can be sealed up, detained, frozen or other methods prescribed by law. Seizure refers to a property preservation measure that the people's court seals the property that needs to be preserved after counting to prevent any unit or individual from disposing of it. Seizure refers to a property preservation measure that the people's court moves the property that needs to be preserved to a certain place and detains it to prevent any unit or individual from disposing of it. When the people's court takes property preservation measures to seal up or detain property, it shall properly keep the sealed-up or detained property. The parties concerned may be responsible for keeping the seized articles, but may not use them. Freezing refers to the property preservation measures that the people's court informs the relevant financial units according to law that the respondent shall not withdraw or transfer its deposits. No unit or individual may use the funds frozen by the people's court according to law. Property that has been sealed up or frozen shall not be sealed up or frozen again. Other methods permitted by law include ordering the defendant to provide security. Ordering the respondent to provide a guarantee refers to the property preservation measures that the people's court orders the guarantor to issue a written guarantee or the respondent provides a bank guarantee or a physical guarantee. For example, the respondent owes the applicant a loan of 5 million yuan, and guarantees the applicant to repay 5 million yuan with a building of considerable value. In this case, the people's court can lift the security measures of freezing the bank deposits of the respondent, so that the respondent can operate normally. In addition, detention, extraction of the respondent's labor income, prohibition of the respondent's agency, etc. , also belongs to the way of property preservation. When the people's court takes preservation measures for seasonal commodities, fresh, perishable and other items that are not suitable for long-term preservation, it may order the parties to deal with them in time, and the people's court shall preserve the price; When necessary, the people's court shall sell it and keep the price. The Supreme People's Court's judicial interpretation of the implementation work has very clear and specific provisions on the above implementation methods, and property preservation measures can be implemented in accordance with relevant implementation provisions. According to the law, in an emergency, the parties may apply to the people's court for litigation preservation, but the litigation preservation needs to pay the preservation fee.

Legal objectivity:

Measures for payment of litigation fees

Article 13

The case acceptance fee shall be paid according to the following standards:

( 1)

Property cases shall be paid in installments according to the amount or price claimed by the lawsuit;

1.

If it does not exceed 1 10,000 yuan, each piece shall be paid to 50 yuan;

2.

2.5% for the part exceeding 1 000 yuan to 1 000 yuan;

3.

The part exceeding 6,543,800 yuan to 200,000 yuan shall be paid by 2%.