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Studies Of Litigation Property Preservation Insurance System

Posted on:2020-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y J LiFull Text:PDF
GTID:2416330596478796Subject:Law
Abstract/Summary:PDF Full Text Request
The litigation property preservation insurance system is a litigation system with Chinese characteristics,which is explored and established according to the judicial practice and market demand of our country.It is an important mechanism to solve the litigation property preservation guarantee,reduce the economic burden of the applicants,promote the rapid resolution of litigation disputes,guarantee the execution of case judgments,and enhance the efficiency of judicial resources utilization.At present,after the reform of the judicial system in our country,the examination system has changed into the registration system in the filing procedure.In essence,it has changed from substantive examination to formal examination.As a result,the parties are more willing to choose litigation to resolve disputes,so a large number of cases need to be tried urgently in the courts,followed by a large number of cases that won but could not be enforced,which violates the original intention of the parties to resort to law.Therefore,the study of litigation property preservation insurance system has more important practical significance.Its practical significance lies mainly in making up for the deficiencies of the existing litigation property preservation system,enhancing the enthusiasm of the people in exercising litigation rights,Safeguard legal rights,and enhancing judicial credibility.Because of the need of judicial practice in China,the judicial department of our country has innovated and established the litigation property preservation insurance system on the basis of drawing lessons from foreign related systems.However,since the emergence of this system in China,the system of litigation property preservation insurance has been in its infancy in terms of theory,norms and practice.There are many differences between academic and practical circles.There is no unified and fixed mode of operation in the judicial practice of local courts,which has affected the understanding and application of this system by judges everywhere.The advantages of this system have not been fully exerted.Therefore,conducting in-depth theoretical research and improve litigation property preservation rules insurance system in our country is of great positive significance for guiding and standardizing the judicial practice of the courts around the country and guaranteeing the litigant's litigation rights.This article consists of three parts:The first part summarizes the litigation property preservation insurance system.Firstly,the author analyses the meaning of the litigation property preservation insurance system and its difference from the related concepts,introduces the characteristics and nature of the litigation property preservation insurance system,discusses the functional value of the litigation property preservation insurance system,and further deepens the understanding and understanding of the litigation property preservation insurance system.This paper mainly investigates the establishment and application of litigation insurance system in the major countries of the two legal systems,with a view to providing reference for the concrete construction of litigation property preservation insurance system in China.The second part is about the current situation of the operation of the litigation property preservation insurance system in China.This paper mainly analyses the current situation of the litigation property preservation insurance system in China from the two aspects of rules and practice,compares the provisions of the litigation property preservation insurance system in the courts of different parts of China,and introduces the operation of the litigation property preservation insurance system in China's judicial practice and insurance market,so as to summarize the litigation property preservation insurance system in China.There are loopholes.The third part is about the perfection of the litigation property preservation insurance system in China.This part puts forward the conception of the concrete arrangement of the litigation property preservation insurance system from two angles.First of all,combine China's national conditions,this paper analyses the necessity and feasibility of the application of litigation property preservation insurance system in our country.On the one hand,it evaluates the existing litigation property preservation insurance system in our country,explores its application and shortcomings in our country,thus demonstrating the necessity of the application of litigation property preservation insurance system in our country;on the other hand,it mainly demonstrates the establishment of litigation property preservation insurance system in our country,aiming at the exploration of litigation property preservation insurance system by our courts in practice.The feasibility of insurance system.Secondly,it analyses the specific arrangement of the litigation property preservation insurance system in our country,and the rules and procedures that can be improved and perfected in the concrete construction process of the litigation property preservation insurance system.
Keywords/Search Tags:litigation property preservation, litigation property preservation insurance, liability insurance, surety insurance
PDF Full Text Request
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