Research On Litigation Property Preservation Insurance

As a new type of property preservation guarantee,litigation preservation insurance is closely related to the property preservation procedure in civil litigation.Compared with other traditional methods of litigation preservation guarantee,it can transfer litigation risk through insurance,which can make the lawful rights and interests of litigants get full,timely and effective relief and safeguard judicial authority.Because litigation preservation insurance acts on litigation property preservation guarantee procedure,its application involves insurance legal relationship,guarantee legal relationship and tort legal relationship.This kind of insurance involves the complexity and diversity of legal relations,which makes the academia have not reached an agreement on its legal nature.In addition,the current law of our country only stipulates the oath of legal status of this kind of insurance,and the application of law in practice needs to be improved.Based on the comparative analysis of the related theories of the legal nature of litigation preservation insurance,i.e.guarantee theory,guarantee insurance theory and liability insurance theory,this paper holds that litigation preservation insurance is a special liability insurance.When there is no special agreement in the insurance contract,the relevant provisions of general liability insurance of law shall be applied.On the basis of liability insurance,this paper studies the subject qualification of the parties to the insurance contract,the nature of the insurance policy and the establishment and undertaking of the insurance liability,and then finds out the problems existing in the application of the insurance law.Finally,by perfecting and refining the relevant legal provisions,the litigation preservation insurance is perfected and standardized so as to make it more in line with the purpose of the litigation preservation system and promote it.Its steady development.