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Research On Compensation For Wrongful Property Preservation Application

Posted on:2019-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:T ZuoFull Text:PDF
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With the increasing use of property preservation applications and rulings,compensation disputes that damage the interests of the respondent and third parties outside the case due to errors in the application for protection are also increasing.However,scholars have different understandings of the application of the article 105 of the "Civil Procedure Law",in addition to the lack of relevant norms,in judicial practice,the judgment of such cases is also faced with a dilemma.Therefore,this paper intends to study the related issues of damage compensation for property preservation application errors,in order to find a breakthrough in practical difficulties.The damages caused by application errors is consistent with the nature of general infringement.Therefore,the principle of fault liability should be used when imposing liability on the applicant."Illegal elements" actually do not form part of the general constitutive elements of China's Tort Liability Act.Therefore,the constituent elements of the liability of the applicant include only the three elements of wrongful preservation behavior,loss,and the causal relationship between them.The applicant put forward a reasonable appeal based on the existing facts and evidence,and took reasonable and careful attention to the application for the preservation of the application.Even if the applicant eventually lost the case or applied for withdrawal of the application,he could not determine that his application for protection was wrong.However,the current legal regulations are not specific enough for the protection of the rights and interests of the injured persons who are wrongly injured in the application of property preservation.Therefore,it is necessary to further clarify the related issues of the damage compensation litigation.
Keywords/Search Tags:Property Preservation, Application Error, Damage Compensation, Tort Liability
PDF Full Text Request
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