An Analysis Of The Compensation Caused By The Misuse Of Litigation Property

In view of the judicial practice in recent years, he difficulty of enforcement has become a prominent problem. In order to guarantee the implement of the rights and rights, civil litigants choose property preservation more generally. However, the success or failure of the lawsuit is independent of the will of the plaintiff, so it is not rare that the plaintiff lose the lawsuit or part of the lawsuit. At the same time, the case that the victims sue for compensation because of the damages that the wrong preservation application brings to the respondent or the person other than involved in the case also endless. Current legal regulations only provide that the applicator has to compensate for the damages of the respondent caused by the preservation if the application has fault. But the law is ambiguous about the problem that the damages caused by the wrong preservation without specific provisions. There is no further provisions about how to affirm wrong preservation, the range of the damages, subject of compensation, the principle of attribution, etc. on account of the different understandings of the law, the judgments of the cases of compensation for wrong preservation application are different in various courts in different places, leading to great difficulty in the practice of such cases. The problems of jurisprudence that such cases concern are worth analyzing and discussing.