On The Application Of Preservation Insurance In Litigation Property Prsesrvation System

The application of insurance in the field of foreign litigation has been successful,and the application for temporary relief measures to buy insurance has become a routine means.The trial trial of litigation property preservation insurance in yunnan in 2012 is similar to the guarantee insurance guarantee in foreign countries.Preservation insurance is a great innovation attempt combining insurance and litigation property preservation system,which can effectively solve the problem that property preservation application cannot provide guarantee.According to the research of this paper,there are still some problems in the way of security insurance.Courts all over the country have no uniform standards for the preservation insurance guarantee materials that need to be submitted,and the examination,determination and execution of property preservation guaranteed by preservation insurance by court departments are not clear,and there is no unified mechanism for insurance companies to enter property preservation procedures.Who bears the insurance premium of the case has not formed a uniform standard in judicial practice.Although litigation property preservation insurance has many advantages,it has been used unreasonably,and the court has no feasible solution to this situation.When foreign countries take insurance as litigation guarantee,they mainly adopt the way of guarantee insurance,aiming to closely link the applicant and the insurer together,and jointly assume joint and several liability for compensation under certain special circumstances.In the litigation procedure,foreign courts pay more attention to the specific situation of the case in the examination of the protection of the debtor’s property,and the examination of the insurance guarantee mode is both strict and flexible,mainly to prevent the abuse of the measure to cause losses to the debtor.Therefore,facing the existing problems of preservation insurance in China,it is necessary to unify the materials to be submitted to the court,set up the litigation preservation center in the court,and unify the review,determination and implementation of property preservation.It is suggested that a national document be issued to standardize the entry mechanism of insurance companies The insurance expense shall be borne by the losing party after full consideration of the necessary rationality of the expense and the uncontrollable litigation risk.Court in auditing procedure guarantee,to curb some insurance litigation guarantee way abuse,can be taken to distinguish the main body,the respondent to malicious applicants should be required to provide modular guarantees,required to provide guarantee insurance mode of security insurance,malicious the amount of the guarantee of the applicant,the measures such as increasing,so as to prevent and reduce the occurrence of abuse.