Research On The Development Mode Of Litigation Property Preservation Insurance In China

Along with the socialist market economic system gradually establish and perfect,the connections between people is increasingly close,in economic activities also produced all kinds of civil economic dispute,more and more people choose through litigation rights,especially the application or before litigation property preservation in litigation to protect litigants won right implementation is of great significance,to avoid the malicious dispose of property during the period of the parties in the lawsuit behavior "enforcement difficulty" problem.However,the traditional way of property preservation guarantee is undoubtedly a burden to the party applying for property preservation,which is not conducive to the property preservation system to play its due role.As an innovative attempt for insurance to participate in judicial litigation,litigation property preservation insurance replaces the traditional way of guarantee by means of insurance,which guarantees the implementation of property preservation right applied by the parties,reduces the litigation cost of the parties,and promotes the extensive application of property preservation system in judicial practice.With the development of litigation property preservation insurance,it has developed from a single form of litigation property preservation liability insurance to two modes of litigation property preservation guarantee insurance.By analyzing the data of litigation property preservation insurance participating in litigation cases,the author finds that litigation property preservation liability insurance is more widely used in litigation cases and more widely accepted by the court.At the same time,the author makes an in-depth analysis of the insurance disputes caused by the litigation property preservation liability insurance participating in the litigation cases.At present,there are great risks in the litigation property preservation liability insurance operated by insurance companies,and it is easy to cause malicious lawsuits and false lawsuits under the current provision design.In contrast,the litigation property preservationguarantee insurance can play the same role as the litigation property preservation guarantee insurance in meeting the court’s guarantee requirements for the application of property preservation,and at the same time,it can restrain the parties’ cautious litigation and avoid malicious litigation and abuse of litigation rights.Combined with litigation property preservation insurance in judicial practice to play two major functions: one is to help property preservation applicants through the purchase of insurance to solve the problem of insufficient property preservation guarantee,help the litigants in financial difficulties to achieve the right to apply for property preservation.Second,by means of insurance,the property preservation applicant may transfer the tort liability risk caused by the wrong property preservation application,so as to reduce the litigation cost of the litigants applying for property preservation.The author concluded that: from better implementation of the property preservation guaranty function point of view,litigation property preservation guarantee insurance can better realize the function of property preservation guaranty,analysis from the perspective of property preservation applicant transfer litigation risk and liability insurance mode of litigation property preservation insurance has a broad market space for development,as a result,two modes of litigation property preservation insurance should change the present situation of the boundary ambiguity,exert different safeguard function,complement each other,can promote the development of litigation property preservation insurance good running.Finally,due to the short development time and low social awareness of litigation property preservation insurance,it is still in the exploratory stage.In addition to standardizing the development orientation of the two modes of litigation property preservation insurance,it needs the joint efforts of insurance companies,courts and relevant government departments to promote the better development of litigation property preservation insurance.