The Study Of The System Of Insurance For The Liability Of The Attachment Of Property In Litigation

To take effective measures of attachment in the process of trial and enforcement is an important means to guarantee the party's rights and interests of litigation,promote the trial,and solve the “difficulty of enforcement”.Traditional means of the attachment of property have many limits,high cost and tedious procedures,which affect the party's right to guarantee the enforcement of effective judgments through the means of attachment at certain degree.Thus,it is urgent to increase the means of attachment and expand the party's right to choose.The emergency of the system of insurance for the liability of the attachment of property in litigation meets this judicial demand very well.Being a system of economic cooperation,insurance has the functions of diversifying risks and absorbing losses.It is necessary to make full use of the advantages of insurance and introduce the insurer to the dispute resolution mechanism with the participation of multiple parties so as to give a big push to the rule of law in our country.Any system is inevitable to accept various tests in its operation for improvement.So does the system of insurance for the liability of the attachment of property in litigation.By unifying the scope for judging damages of the attachment of property,improving the mechanism of the court's inspection of guarantee and the mechanism of the insurance company's verification of accepting insurance,effectively solving the fraud litigations and malicious litigations that might arise in the insurance for the liability of the attachment of property in litigation,stabling the mechanism of the court's interpretation and guidance,as well as the implementation of auxiliary measures,such as improving the application of the insurance company's certificate of guarantee and letter of guarantee,and establishing the information sharing platform,etc,the system of insurance for the liability of the attachment of property in litigation of our country will guarantee both parties' rights and interests of litigation,provide effective guarantee for the court to solve the “difficulty of enforcement”,and come to be a good system that really “approaching justice”.