Research On Judicial Determination Of Liability For Infringement Of Property

Property preservation is a pre-existing procedure of civil execution and also a temporary relief measure.it plays an indispensable role in civil procedure and solves the problem of difficult execution to some extent.However,it is accompanied by the fact that once the property preservation measures are implemented according to the application of the parties,they will face the possibility of application error,and will bear tort liability for the fault of the applicant.However,the existing legal provisions on property preservation application errors are not perfect,and there is confusion of judicial application.Therefore,the tort liability of property preservation application error has gradually become a hot spot and focus in the field of law,and caused considerable attention and concern.In view of this,this paper takes this as the research axis and reference point to discuss,in order to strengthen the theoretical depth and theoretical breadth of the study,enrich the content bearing of property preservation legal system,improve and refine the socialist legal system,and make a small contribution to the deepening of the socialist legal system with Chinese characteristics.In order to achieve this research purpose,this paper intends to through comparative analysis method,literature review method,Marxist dialectics and other research methods for coherent and clear exposition.First of all,this paper analyzes the latest cases,and points out that there are three problems in the application of the doctrine of imputation,the standards and types of property preservation errors,and the scope of loss identification.Secondly,the author makes a theoretical analysis of the judicial cognizance of tort liability involved in property preservation errors,mainly including three aspects: the doctrine of imputation involved in property preservation errors,the doctrine of constitutive requirements of tort liability involved in property preservation errors and the doctrine of loss cognizance involved in property preservation errors.At last,the author puts forward some thoughts on perfecting the judicial recognition system of property preservation error tort liability,which mainly includes four aspects: the application of fault liability principle to property preservation error,the recognition standard ofproperty preservation application error tort liability,the recognition type of property preservation error by re-judgment and not supported by the court,and the determination range of property preservation error loss by the recognition standard of loss and the main type of loss.