Research On Legal Issues Of Litigation Preservation Liability Insurance In China

With the development of society,the drawbacks of the traditional way of litigation security have become increasingly prominent,which is not conducive to the realization of the purpose of preservation.Litigation preservation liability insurance emerges as the times require.It makes up for the shortcomings of traditional guarantee with its many advantages,and its development has legitimacy and inevitability.It is different from the guarantee in civil law.It is one kind of insurance.At the same time,it is different from general insurance because of its connection with litigation.Because of its short production time and imperfect laws and regulations,there are some problems.In theory,the nature of litigation preservation liability insurance is not clear,the insurance period is ambiguous,the application of subrogation right,the existence of exemption clauses and the nature of the letter of guarantee exist;in practice,there are also insufficient risk assessment and control capabilities,and there are development obstacles such as false litigation and malicious litigation and insurance operation problems.It should be analyzed and solved in terms of operation mode,types of liability insured,possible period of occurrence of insurance accidents and protection of the interests of the parties concerned.The nature of litigation preservation liability insurance is liability insurance,so the insured can not exercise subrogation right;its insurance period should terminate from the date of the court’s decision on preservation to the date of the termination of preservation measures;although it has the function of guarantee,the exemption clause is not entirely inapplicable,and the insurer can refuse compensation in the case of false litigation.In practice,we should strengthen the professional accomplishment of the nuclear insurance team,control risks,reduce the losses in malicious lawsuits through the recourse system,and increase the recognition of the court through various ways,expand the source of cases and improve insurance types.At the same time,strengthening supervision and regulation through legislative activities,reducing loopholes and realizing legal compliance are the ultimate way for the development of litigation preservation liability insurance.