| Chinese judicial organs have introduced the insurance of litigation property preservation as the guarantee of property preservation cases.Its original intention is to allow the civil subjects to pay a lower cost to seal up the debtor’s property in advance in the litigation,so that it can avoid malicious transfer of property by debtor and effectively achieve the judicial objectives of promote judgment and execution by preservation.However,the insurance has not been widely available since it was introduced in 2012.Property preservation rate is still not high.On the one hand,the author thinks that at present,the theoretical and institutional research on litigation property preservation insurance is limited,which fails to deal with various legal problems in judicial practice.On the other hand,the regulation to this insurance from "Provisions on certain issues concerning the handling of property preservation cases by supreme people’s court " is too simple,and each local people’s court makes more different regulation.This article discusses the insurance mode,insurance liability and insurance period of litigation property preservation insurance through basing on the present situation and dispute.At first,this article analyzes how to stipulate two modes of litigation property preservation insurance at the legal level,and clarifies the insurance characteristics and boundaries.Secondly,about the liability of litigation property preservation insurance,it demonstrates the identification should consider the illegality of property preservation,the rights and interests of the infringed are impaired,the security applicant has subjective fault,the illegal preservation behavior and the damage have a causal relationship.And then,basing on the relationship between the period of insurance and the period of litigation property preservation,this article clarifies practical significance of specifically stipulating the starting time and ending time of the insurance period.Finally,it gives the suggestions on legislation,judicature and supervision to improve the legal regulation of litigation property preservation insurance.Through strengthening oversight and apply uniform legal standards,it can ensure that the insurance has a law to follow,and it can avoid appearing the embarrassing situation of "different judgment with the same case".The perfection of theory and system is helpful for litigation property preservation insurance to give full play to its safeguard function.It will safeguard the fundamental rights and interests of each civil subject. |
