The Study About Insurance Liability In Litigation Property Preservation Insurance

As an innovative insurance that is independently developed by insurance companies,litigation property preservation insurance has shown its unique advantages in the civil litigation property preservation guarantee system.Compared with traditional litigation property preservation methods,litigation property preservation insurance possesses the advantages of lower rates,stronger solvency and more convenient and efficient procedures.More importantly,the “take-responsibility function” of insurance products can help applicants transferring risks and reducing their litigation cost.It is a successful attempt of insurance serving the judicial practice.However,China's current legal system for litigation property preservation insurance is blank.The research about the insurance is also at the stage of concept popularization.Before the formal law and regulations are passed,a systematic and focused analysis of the status quo and related legal issues presented in the litigation property preservation insurance practice is a necessary task for the development of the insurance in the future.This article starts from the perspective of "insurance responsibilities",analyzing the theoretical and practical problems in the identification of property preservation insurance responsibilities.At last,the writer put forward some constructive suggestions on the construction and improvement of the specific principles and rules for the identification of property preservation insurance responsibilities.The main content of this article is as follows:The first chapter is about the summary of the litigation property preservation insurance.This part starts from the theory of the litigation property preservation insurance,demonstrating the meaning of the litigation property preservation insurance and its external and internal legal relations,which reflects the particularity of the litigation property preservation insurance.In addition,the analysis of the dispute of its legal attributes is necessary.By comparing the differences between liability insurance and bond insurance,the writer analyzes what has caused the controversy and explains the reason why it is more reasonable to define it as a special liability insurance,at the same time,points out the unreasonableness of defining it as bond insurance.The second chapter elaborates the standard of insurance liability recognition in litigation property preservation insurance.This part discusses the standard of insurance liability recognition in logical orders of principles to rules and insurance accidents to insurance liabilities.First of all,it is important to determine the principle of insurance liability recognition,which lays the foundation for the analysis of liability recognition related questions.Secondly,the standard of insurance liability recognition should be constructed based on the principles and elements of imputation.Finally,based on the review of insurance liability clauses in practice,the writer constructs the liability recognition system of litigation property preservation insurance.The third chapter defines the scope of the litigation property preservation insurance from both positive and negative sides.From the positive perspective,the writer sorts out various disputes and viewpoints of insurance coverage period and insurance compensation,which are two influencing factors in the insurance liabilities.From the negative perspective,the writer discusses the limitations of the insurance liability including whether the exclusion clause should be set up in the litigation property preservation insurance and how to regulate when the parties intentionally create an insurance accident.The fourth chapter discusses the construction and perfection of insurance liability rules of our country's litigation property preservation insurance.In view of the aboveproblems in the practice,the writer puts forward sound opinions on the establishment of relevant legal system and the construction of specific rules on responsibility recognition.In terms of the establishment of relevant legal system,we should particularly pay attention to the rules construction within the insurance law system and the civil law system as well.In terms of the construction of specific rules,the writer summarizes the contents of the previous chapters and proposes to clear the content of the parties' rights and obligations in the recognition of litigation property preservation insurance liability.