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An Empirical Study On The Compensation For Damages In Property Preservation

Posted on:2020-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:P C ZhangFull Text:PDF
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Property preservation as a precautionary or litigation process,in order to ensure that there is a preventive and temporary remedy for the execution of property in the future,it can solve the judicial practice in a certain degree.The problem is to prevent the respondent from maliciously disposing of its property in order to alleviate the risk of the right of the applicant to be infringed during the period before the power is realized.However,due to the civil suit in China the law has no imperfections to the provisions of the property preservation system.In the judicial practice,the review of property preservation is too simple,and the market economic environment is becoming more and more complicated,which leads to the occurrence of mistakes in property preservation and the face of property preservation errors.When the respondent suffers economic losses,when requesting the applicant to be held liable for compensation,he often finds that the relevant legal law is too simplistic.There is only a principled provision.When the local people's court handles such cases,the applicant's liability for damages is determined,and the issue of how to determine the scope of compensation is also a matter of understanding.Therefore,when the local courts hear the same type of case,the judgment is the contradiction of spears.By comparing the typical cases in recent ten years,it is not hard to see that the problems are mainly concentrated in four aspects:principle of imputation of preservation error,causality of preservation error and damage consequence,scope of compensation and liability.In these questions,which liability principle is more important for the applicant to apply to the property preservation mistake,and which liability principle is more important for the applicant to bear the responsibility.Based on the property preservation application error is a kind of tort liability,the fault liability principle is more conducive to the protection and balance of the interests of both the applicant and the respondent,and is more practical.In order to solve the problem of "the same case but different judgment" in this kind of cases,based on the tort liability law,the liability identification of property preservation application errors should be made clear through the four components of tort liability.In addition,the respondent should be given more relief channels at different levels...
Keywords/Search Tags:Application error, Wrong application for property preservation, The principle of imputation, The liability for compensation
PDF Full Text Request
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