Research On Litigation Property Preservation Liability Insurance In China

The litigation preservation system is an effective measure to protect the litigant rights and interests of the parties and solve difficult problems in implementation.However,the high cost and low efficiency of traditional litigation preservation methods are not conducive to the preservation system.Litigation property preservation liability insurance,a newly emerging insurance product in recent years caters to this demand.Not only can it effectively relieve the financial pressure on the applicant's guarantee,but also reduce the pressure on the court's preservation review.Litigation property preservation liability insurance has developed rapidly since its emergence in 2012 and has been favored by litigants.However,China's litigation property preservation liability insurance system,as a new thing,is not perfect and there are many disputes and problems.This paper studies the nature of litigation property preservation liability insurance,its relationship with liability insurance and guarantee insurance,the insurance liability and feasible suggestions so as to help people understand the insurance better and promote the development of the insurance.The first part of this paper is an overview of the liability insurance for the preservation of litigation property.Firstly,the definition of the liability insurance for the preservation of litigation property is refined in accordance with the insurance laws and insurance clauses of the insurance company.Compared with the traditional preservation method,the characteristics of litigation property preservation liability insurance are obtained.Then the author use charts and data to sort out the status quo and development of litigation property preservation liability insurance in China.At last,the author illustrate the value of litigation preservation liability insurance?The second part of this paper focuses on the nature of litigation property preservation liability insurance.The nature mainly concludes the guarantee,the liability insurance and the guarantee insurance.The latter two are the focus of scholars' controversy.Through comparative analysis,the author thinks that the liability insurance of litigation property preservation should be defined as liability insurance at the present stage.The third part of this paper analyzes some legal issues in litigation property preservation liability insurance.The first is the key insurance liability problem.With reference to the constituent elements of the tort liability determination,the criteria for the determination of the responsibility for the preservation of the failure are summarized;then the application of thesubrogation right in the litigation preservation property liability insurance is discussed.Next,there should be some special restrictions on the termination of the contract in litigation preservation property liability insurance.Finally,the application scope of the litigation insurance model is discussed.In future,when conditions are mature,it can be extended to other civil litigation activities.The fourth part is to put forward some suggestions on the perfection of litigation preservation liability insurance.First of all,from the perspective of improving the judicial interpretation of the insurance law and departmental regulations,the relevant recommendations: the legal nature of litigation property preservation liability insurance should be clearly defined as liability insurance.The standard of identification of property preservation errors should also be clarified.To draw on the criteria for determining the tort liability,the compensation situation should also be typed.Defining the insurer's right of recourse and defense.Make some special restrictions on the right to terminate the contract of the insured and the insurer,and fully guarantee the validity of the contract.From the perspective of improving the development of insurance practice,the insurance company should strengthen the risk assessment and control mechanism,and the court should strengthen the qualification review of guarantee insurance.and to put forward relevant legal suggestions from the angle of perfecting the judicial interpretation of insurance law and the legislation on department regulations.It is believed that China's litigation property preservation liability insurance can provide new guarantees for the court to solve the implementation difficulties while protecting the interests of litigants,and making contribution to the rule of law construction and economic development.