Analysis Of Liability For Mistaken Property Preservation

Property preservation system of the legislators in civil design to safeguard theinterests of the parties to resolve the judicial practice "to perform difficult" issue of animportant system, but because of China’s Civil Procedure Law for the preservation ofthe system to boot to the program from the program’s implementation is a defect, thetype of transaction coupled with the increasing complexity of the market, resulting inerror cases occur when the preservation property. When faced with an error due to thepreservation of property damaged parties request the applicant to pursue liability, thecourt often because of a lack of a clear legal basis can refer to, liability for damagesdo not know how to identify the applicant, which appeared though the local courts arebut the judgment of the same types of cases conflicting situation.For the case of damages caused due to an error for property preservation, and itscontroversial place mainly in two aspects: First, how to identify errors preservation ofproperty; how damage Secondly, the preservation of property liability for errorscaused by the nature and the body found. After analysis, these two disputes areintertwined, because the preservation of property is the people’s court and the partiesin accordance with the application and implementation of the ruling, the preservationof property depends on whether the error on the one hand to preserve the court’sdecision to make and implement is legitimate, on the other hand to see whether it isthe behavior of the parties to apply the law.Property preservation behavior is carried out as the main court, the court for thepreservation of error may bear some responsibility. In this case, the people’s court tostart the preservation process, implementation and preservation of the opposition arein line with the behavior of the three stages of the provisions of substantive law andprocedural law in force, and thus preserve the error without incurring damage liability.Property preservation is due to the behavior of the parties and start of theapplication. China’s "Civil Procedure Law" stipulates that the parties apply for property preservation acts complained of many conditions. Application of the party ifyou do not meet these conditions should be recognized as an application error, it iswrong to apply the parties shall be liable for acts of property damage was caused bythe applicant is, combined with relevant provisions of China "Tort Liability Act", theapplicant can be identified should be for property preservation wrongdoing damagecaused assume general tort liability.