Research On The Legal Issues Of Litigation Property Preservation Liability Insurance

In the traditional security guarantee mode cannot meet the social development situation,litigation property preservation liability insurance(hereinafter referred to as the "v.insurance")arises at the historic moment,as a new insurance products,in the judicial practice has a range of applications.Its advantage is to satisfy the litigants in the process of applying for property preservation,money demand,and can better guarantee the legitimate rights and interests of property preservation by the applicant,in to the parties to form effective protection at the same time,compared with traditional guarantee way is more convenient and formalities in the advantages of simple,low fee,meet the demand of the objective,has attracted quite a part of the audience.However,the development of China's lawsuit is still in the exploration stage,with both opportunities and challenges.While it is gaining recognition,expanding the market and capital injection,it also faces various challenges,such as fraud and malicious litigation.So in this paper,based on the present situation of v.general insurance,carry on the legal nature and the elements analysis,face to face with the problems encountered in the development of at this stage,and puts forward Suggestions for its next perfect thinking path,to help people understand the danger to plant,to promote its development.The first part of this paper is an overview of the liability insurance for litigation property preservation.Defining the concept and characteristics of the property insurance,clarifying the reasons for its emergence,and finding out the theoretical and practical basis of its existence;Secondly,based on the application situation of the case,the author makes a value analysis on the application of the lawsuit,and then thinks about the practical significance of introducing and promoting the property insurance.Secondly,aiming at analyzing the problems which exist in the application of the liability insurance.First is the analysis of characteristics of v.insurer,in legal relationship of v.general insurance,on the basis of combing as well as its relationship with the guarantee guarantee,forming law qualitative.Secondly from the policy guarantee,this paper research possible legal risks insurance provisions,and it should be realized how to reduce the legal risks in practice to promote the judicial function analyzes the subject;Finally,we discuss the specific operation of the third party,in order to give consideration to the interests of all parties,and to better realize the function of property insurance.The third part of this paper focuses on the improvement of litigation property preservation liability insurance.From the system specification,regulation,insurance company itself,such as multiple points of view for the further development of our country general insurance put forward opinions and Suggestions,litigation property preservation liability insurance regulation,law qualitative statements the effectiveness of the policy guarantee,Suggestions to the third person direct claim,against the insurance enterprise calls for its clear strategic positioning,perfect the internal control mechanism,strive for court approval.The birth and development of the property insurance is the innovation of the civil litigation property preservation system,which is conducive to the dispersing the risk of the applicant and the better protection of the legal rights and interests of the third party.To maximize the role of insurance company risk management and ancillary society.We need to summarize and summarize the problems in practice,and put forward Suggestions to improve it.This is a kind of new insurance products,the perfect use of research needs to be based on the current situation of the development of our country the current legal system of insurance regulation and insurance industry,as the future of our country's insurance market system of innovation and the improvement of the environment,v.insurance will also usher in a more broad space for development,can also be further relevant research.This paper aims to make a comprehensive review of the liability insurance of litigation property preservation,so as to play a certain role in the development of litigation property insurance in practice.