Research On The Problem Of Damage Compensation For Wrong Application Of Property Preservation

As the parties to an ordinary civil lawsuit request for property preservation application increased,the number of for property preservation apply for mistakes and damage the interests of the applicant and the third person increase of dispute over compensation,but the property preservation the applicable law of error compensation dispute,at present there is only "the civil procedure law" the 105th judgment as the basis.As for the application of article 105 of the civil procedure law,there are different understandings in academic circles,which leads to the phenomenon of "different judgments in the same case".Based on this,the author intends to study the problems related to the application of law in the settlement of the property preservation application for compensation for damages,so as to break through the dilemma of inconsistent application of law.In this article,the author from the compensation,theoretical controversy,practice,application of property preservation in litigation dispute may face problems are analyzed,through the above analysis,the author thinks that preservation application error is consistent with the essence of general tort,as a result,considering the preservation error compensation dispute the application of the imputation principle,should be as the fault liability principle,namely to consider security security fault behavior of the applicant,the applicant for the above error preservation under actual loss,as well as the preservation act to save people by whether there is a causal relationship between actual loss.The property preservation applicant makes a claim based on the existing facts and evidence,and has a reasonable duty of care for the property preservation matters.The author believes that even if the applicant ultimately loses the lawsuit or applies for the withdrawal of the lawsuit,the preservation application cannot be deemed wrong.However,the current law is not perfect enough to protect the rights and interests of the person who suffers from the wrong application for property preservation.