On The Liability Insurance System For Property Preservation In Litigation

Our country is currently in a stage of social transformation,with a sudden increase in civil lawsuits.In order to prevent one party from concealing or transferring property,the plaintiff usually applies to the court for property preservation before or after the lawsuit.There are two ways for the court to rule on preservation,based on application or ex officio.However,in order to avoid related risks,the court will generally ask the applicant to issue a corresponding guarantee.The most common guarantee methods are monetary guarantee,physical guarantee,and guarantee provided by commercial banks and guarantee companies.Providing guarantees is indeed a way to reduce costs and increase efficiency for the court,but on the other hand,for the parties,"discrimination" is invisible.Parties with stronger financial strength are generally not subject to guarantee restrictions,and may even use pre-litigation or in-litigation guarantees to "make profits";parties with poor economic conditions cannot apply for preservation because they cannot provide guarantees and may assume property The consequences of transfer and concealment.The nature of the litigation property preservation system is to help the parties reduce the losses that may arise from litigation,facilitate the trial,and help solve problems such as difficulty in execution.However,the high preservation threshold prevents it from fundamentally accomplishing such a mission.In 2014,the “Several Opinions of the State Council on Accelerating the Development of Modern Insurance Service Industry” explicitly raised that liability insurance should make a positive effect on minimizing the proportion of risks occurrence,preventing further losses,optimizing remedial compensation,etc,and providing after-care compensation services.Security reduces the occurrence of civil disputes.” The Supreme People's Court has also issued relevant regulations in this area,clarifying the applicability of property preservation insurance in property preservation cases,and determined that “property preservation liability insurance contracts can be used as one of the methods of property preservation guarantee.”Therefore,litigation property preservation Liability insurance came into being.Litigation property preservation liability insurance integrates the characteristics of insurance evacuation risks,and at the same time reduces the capital application requirements for litigants,and has the advantages of low rate,simple process,and convenient application that are not available in traditional preservation methods.However,this system is still in its infancy in our country,and there are still shortcomings in the legislative system and legal practice,which need to be resolved urgently.Therefore,this article takes the actual case as the starting point,combined with the status quo of litigation property preservation liability insurance and the enlightenment of the extraterritorial system,analyzes the problems of the system in my country,and proposes effective suggestions for improvement to promote the development of its insurance in my country.This article is divided into 7 parts.The first part introduces the research background,research significance and current research status of the article at home and abroad;the second part combines the court precedent to introduce the problems arising from the lawsuit property preservation liability insurance in the legislation and the application of the law;the third part clarifies the litigation The definition and evolution of the concept of property preservation liability insurance;the fourth part explores the current status of the application of the foreign litigation property preservation liability insurance system,so as to obtain the enlightenment to the legislative and judicial status of China's litigation property preservation liability insurance;the fifth part,enumerates The main problems in the application of the Litigation Property Preservation Liability Insurance System;The sixth part analyzes the nature of the Litigation Property Preservation Liability Insurance;the seventh part,combining theory with practice,provides protection of litigation property from the aspects of system establishment and law application.The liability insurance system puts forward suggestions for improvement.