The Tort Liability Of The Mistake Of Applying For Property Preservation In Civil Litigation

The preservation of property in civil litigation as a temporary safeguard measures,the original design is that court can limit the parties to punishment their property without trial procedures,to make sure the execution of the judgment to be executed effectively.According to the application of the parties to start the preservation program is most common,based on the principle of fairness,the law also requires the applicant at the same time that it gives the parties the preservation of property right,the application of property preservation guaranty shall be provided by the applicant,it also allows to provide replacement property.But in the operation of the preservation system,it is still impossible to avoid the application of property preservation errors.Especially in recent years,the preservation system has been widely applied to the judicial practice,and the number of this cases also shows a continuous upward trend.There is only one principle rule in our current law,which stipulates no specific provision on how to identify the mistake of applying for property preservation,which results in the failure to follow the case.In order to solve this problem,we should carefully study the preservation system and tort law theory combined with realistic cases,and find ways to solve this problem in the scope of tort liability law.The mistake of applying for property preservation is a tort legal relationship.The identification of its tort liability should be considered from the principle of determining liability first,then the identification of constituent elements.The main body of the tort liability is not only the applicant for property preservation,but also the guarantor who guarantees the application for property preservation.The guarantor and the applicant shall bear joint responsibility for tort.Current laws have fewer provisions for such cases,and there are still some imperfections.It is urgent to use the existing law to deal with cases and to improve legislation as soon as possible.