| In civil lawsuits,due to the fact that the other party often hides and transfers property,in order to safeguard the interests of the parties,the law stipulates a property preservation system.Property security refers to when the parties or interested parties apply to the people’s court for property preservation,in order to prevent the application error from causing losses to the respondent,the parties or interested parties take the initiative to provide security to the court,or the court may,if necessary,ex officio or require the parties to Interested parties provide property guarantees.China’s "Civil Procedure Law" clearly stipulates that before applying for the preservation of property,the parties must provide guarantees;and whether the property preservation in the suit provides guarantees,the people’s court may discretionarily determine the amount of the property.However,in China’s judicial practice,property preservation uses more of its own guarantees,bank guarantees,guarantee company guarantees,and is generally equivalent to guarantees.It is difficult for the parties with difficult economic conditions to pay this huge amount of fees,which seriously affects the legitimate rights and interests of the parties.maintain.In contrast,in most Western countries,the litigation property preservation insurance system has been fairly standardized.“In the United States,when there is a need for litigation preservation,the plaintiff has two ways,one of which is to provide property guarantees on its own,and the other is to purchase the property preservation insurance from the insurance company.Based on this state of our country and the experience of Western countries,litigation Property Insurance Liability Insurance began to be produced in China and gradually piloted and promoted since 2012.The Yunnan Insurance Regulatory Bureau has agreed that Cheng Tai Insurance will run Litigation Property Liability Insurance in a trial run in Yunnan.By 2018,it has been developing for six years.In this six years,China Litigation Property Insurance clearly stated that the “Provisions of the Supreme People’s Court on Certain Issues of People’s Courts in Handling Property Preservation Cases” that were not recognized by courts and parties during the initial period clearly stipulated the important position of litigation property preservation liability insurance in the preservation of justice,The scope of the promotion was thus kicked off,which provided a new form of security for litigation preservation,reduced the burden on the parties concerned,and at the same time reduced the security risk for the court,which was a form of security expansion.To the insurance attempt,but we still cannot ignore the problems it faces as litigation and property preservation liability insurance is still in its infancy in China,there are deficiencies in research and experience,and there are not enough data and materials to support it in practice.Therefore,there are still many problems that need to be solved in China,including the existence of the insurance system itself.The problem,the legal system of the provisions of the insurance gap,the risk of the existence of the insurance in the judicial practice.This article mainly focuses on the current situation of China’s litigation property preservation liability insurance.It mainly uses literature research methods,comparative analysis methods,and data statistics methods to analyze and summarize the problems existing in our country’s current development and the direction of future development and reform.Finally,through analysis,the author believes that the key measures to solve China’s current litigation and property preservation liability insurance are to strengthen legislation,formulate specific laws and regulations,and strengthen judicial supervision.Insurance companies should also carry out reforms and innovations for new insurance types,cultivate professional insurance teams,and promote our country.Litigation property preservation liability insurance development. |
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