Litigation Security Liability Insurance Research

The system of litigation preservation is an important part of China civil litigation law,which is helpful to ensure the realization of the legitimate rights and interests of parties and the smooth process of the judicial proceedings.According to the application of parties or requirements of case,courts judge property reservation.However,courts will require parties providing corresponding guarantee in order to protect legitimate rights and interests of respondent.Currently there are some deficiencies in the litigation security guarantees,which can not effectively protect the two sides.In this context,insurance companies introduce liability insurance of property preservation.This dissertation will analyze litigation security liability insurance,and combing related legal relations.The purpose is to help the public have a better understanding of this insurance and promote its development.The first part of this dissertation is an overview of litigation security liability insurance.The clear definition will be offered with related laws and regulations,and insurance clause provided by insurance companies.Through the comparison with traditional litigation security guarantees,the characteristics of this insurance could be summarized.In addition,the application status of the insurance liability insurance is analyzed based on the applicable types of courts and cases.Furthermore,the significance of litigation security liability insurance could be obtained.The second part is to analyse the nature of litigation security insurance.The traditional perspective is that the nature of this insurance is liability insurance,which meets the basic components and features of civil responsibility insurance.Nevertheless,with the development of litigation security liability insurance,false lawsuits and malicious actions have appeared.Some scholars suggest that this insurance should be defined as guarantee insurance.False lawsuits and malicious actions could be avoided effectively,when the related regulations of guarantee insurance are taken into practice.By contrast analysis liability insurance and guarantee insurance,in the present stage,combined with practice the nature of litigation security liability insurance still should be defined as liability insurance.The third part of this paper is to analyse the problems existing in the process of application of litigation security liability insurance,and put forward the corresponding solving measures.Insured liability is the most important issue of insurance.Under the premise of explicit the scope of insurance liability,with reference which is made to the constituent elements of tort liability,the criteria for the insurance liability conformation would be proposed.There is a difference between litigation security liability insurance and general liability insurance,which is no exclusion of liability in the insurance policy of litigation security liability insurance.Moreover,the reason of not setting up exclusions should be seriously considered.The subrogation right is an essential part of the property insurance,and the property insurance includes the liability insurance.Although the nature of the litigation security liability insurance is defined as the liability insurance,it is not the same as the usual civil responsibility insurance.Therefore,whether subrogation right could be used in litigation security liability insurance,and the components of subrogation right are also the key research content of this article.In the final part,the suggestions of perfection approach of litigation security liability insurance.Related legal advice is suggested from the judicial interpretation of insurance law and civil procedure law,and the perfection of administrative rules.Meanwhile,some suggestions of litigation security liability insurance practice would be also proposed.