On The Tort Compensation Liability Of Errors In Property Preservation

“On the Liability for Infringement of Property Preservation Errors”is a legal research field that combines the “Civil Procedure Law”and the “Civil Code” tort liability and a combined legal application process.It is not enough to study solely from the perspective of procedural law or substantive law.It is necessary to adopt interdisciplinary analysis methods and presentation methods,and is committed to applying the theories and rules of substantive law to the practice of procedural law.System improvement and practical efficiency increase have contributed.Therefore,this article has conducted a research on this issue through four chapters.Regarding the related issues of the tort compensation liability for property preservation error,there are still many controversies in the theoretical circle about what is the preservation error,the choice of the principle of imputability,and how to define the scope of compensation.In the field of practice,different judges often judge cases according to different understandings,resulting in different sentences of the same case.According to the analysis of the cases caused by "property preservation errors" on China Judicial Document Network in2020,the number of relevant cases in China is large and fluctuating,with obvious regional differences,more disputes over property preservation damage liability in litigation,and a high proportion of the number of appeals.Through the sorting and analysis of the property preservation wrongful compensation cases,it is found that there are 18 wrongful preservation cases,accounting for 22.8%.There are different approaches in judicial practice to determine the type and amount of damages.The following problems exist in the liability for infringement of property preservation error in China: the legal provisions in this respect are still not detailed and comprehensive enough,the review of preservation start is not strong enough,the identification standard is not unified,the selection of the principle of liability is controversial,the relief procedure for reconsideration is not reasonable,and the relief standard for compensation after the fact is different,etc.Therefore,it is necessary to improve these problems from different angles.When reviewing the application for property preservation,the court should conduct a stricter review than the formal review.At the same time,the court can determine different identification standards according to the types of errors,improve the relief mechanism for property preservation,and refine the compensation standards for errors in the application for property preservation.Comprehensive prevention of property preservation errors,after the actual error in a more accurate and reasonable protection of the legitimate rights and interests of the parties.