On The Damages Litigation In Pre-veto Property Preservation

The applicants' application for the pre-veto property preservation is the prerequisite for the litigation,and the meaning of the establishment of the property preservation is to regulate the debtor's transfer,concealment and destruction of the property.Establish the material guarantee through the litigation and arbitration for the applicants,and shall prevent the applicants can not be implemented "legal white" phenomenon after the victory,so as to settle disputes facility,and effectively protect the legitimate rights and interests of the parties.At present,China's Civil Procedural Law and judicial interpretation only involve the application of pre-litigation property preservation in the statutory period after the prosecution(including arbitration)jurisdiction,but for the application of the wrong identification,the scope of damages and other issues haven't special legislation,we need further explore and clarify.Based on the case structure of the case analysis,this paper makes an empirical study on the litigation of compensation for damages before the lawsuit.The text is divided into four parts,a total of 41,000 words.The first part analyses the case.I selected the Embellish DE group charged China Construction eighth engineering the fourth construction company in the first instance,second,I retrial the facts that the focus of the summary of the controversy,and put forward specific legal issues.The second part of the pre-litigation property preservation damage compensation law analysis.The author elaborates on the specific legal problems existing in the lawsuit of the pre-litigation,and determines the nature of the liability of the parties,the nature of the liability for damages,the determination of the jurisdiction of the court,the guarantee method and the nature of the guarantee.The third part is the case's analysis and conclusions.Based on the judicial case,the author argues the common legal problems in the litigation of the pre-litigation,and explores the causal relationship between the applicant's application and the result of the damages.The applicant applies for the wrong compensation.The fourth part of the case inspired.First of all,the legislation should further clarify the case before the preservation of property,the guarantor of the existence of fault,and the applicant is a joint infringement,should be within the scope of the guarantee joint and several liabilities.Secondly,it is not limited to the courts that accept the prosecution and the court that takes the preservation measures.The parties have the right to sue the court in the place where the infringement is committed(usually the place where the property is secured)and the court of the defendant's domicile.And then,the court may also absorb the provisions of the law under the jurisdiction of the agreement.Once again,timely introduction of property insurance mechanism,approved by qualified security companies and insurance companies to carry out this business.Finally,improve the property preservation and relief system.