Investigation Of False Tort In Civil Preservation

Civil preservation system as to protect the legal rights of creditors in a very important system.With the continuous strengthening of citizens for rights consciousness,judicial practice for the application of the civil preservation system frequency also increased accordingly.But due to the judicial practice the application of the high frequency of the system,the system in response to the present social problems also caused a series of problems in the more fierce,because for this system caused by the security person rights and interests of the damaged case also gradually increased.The design of the civil preservation system towards to protect the interests of creditors,the law is pay attention to balance,civil preservation system at the same time protect the legitimate interests of the creditors should pay attention to protect the interests of the debtor,for civil preservation system security interests protection is also very necessary.From the case of judicial practice,this paper introduces the dispute points in the case of tort of civil preservation.Because the objective theory of error can solve the subjective said the judge in the ability to foresee for individual behavior can not make accurate judgment,and subjective said can solve the use of objective criteria can't completely out of subjective judgment holes it is concluded that the rationality of the combination of subjective and objective standards;For civil preservation fault imputation principles of infringement cases have fault imputation principles and no-fault imputation principle,through summarized according to different main body are obtained using the concrete and the rationality of the imputation principles as to adopt the no-fault imputation principle,and treatment of special main body of the court,in according to the application and is respectively according to the power to use fault and no-fault imputation principle;In view of the main body of the tort of civil preservation,the author concludes the responsibility of the court in the case of civil preservation due to the opinion that the form examination of the court precludes its main responsibility.It is believed that the third party guaranteed by the guaranty is liable for the tort in the tort of civil preservation.Clear civil preservation infringement responsibility the main body,civil preservation errors tort type,scope of compensation and the principle of imputation and other such matters through the clear details,to balance the interests of the main body effect and safeguard civil preserve the legitimate rights and interests of both parties.In civil preservation should insist on the wrong type of civil preservation combined objective and subjective judgment standard,clear court civil preservation errors of infringement responsibility main body and main body status,in view of the general infringement court in according to the application or adopt preservative measures in accordance with the powers and authorities of different imputation principle in tort,specific compensation scope,strive to seek settlement in the category of tort law,this play with civil preservation system functions as well as for the protection of the interests of both sides are particularly important civil subject,as well as to maintain the judicial authority.