| When conducting civil litigation,the adoption of litigation property preservation measures is one of the important ways to protect the litigation rights and interests of the parties and promote the smooth conduct of the trial.When litigants need to preserve litigation property,the court will generally propose a security equivalent to the value of the preserved object to the applicant in accordance with the provisions of Article 103 of the Civil Procedure Law.The traditional guarantee methods include providing guarantee with property,paying guarantee fees to banks to obtain bank guarantees or finding guarantee companies,but these guarantee methods generally have high costs,cumbersome procedures,court "enforcement difficulties" and other problems,so add a new type of litigation property preservation guarantee system is urgent,litigation The property preservation liability insurance system was born,which better protects the legal rights and interests of the parties,meets this judicial demand,reduces the litigation costs of the litigants,protects the property interests of the conservatee,and also solves the problem of difficult court enforcement.However,there are still many problems in the system design and legislation of it in China.In the theoretical research,the legal attributes of litigation property preservation liability insurance is controversial;legislation,China’s laws still do not clearly provide for litigation property preservation liability insurance,no provisions on its concept,application,etc.;in practice,there are insurance contract provisions are not standardized and conflicting with the contents of the policy bond,etc.In practice,there are problems with the terms of the insurance contract and conflicts with the contents of the policy;in judicial decisions,there are inconsistencies in the scope of insurance liability under the wrong application,inconsistencies in the standard of insurance liability,and there are also problems with the courts only focusing on the policy bond and light insurance contract,and the increase of malicious and false litigation,etc.All these problems need to be studied by the academic community in China and solved in legislation and justice to develop a more perfect litigation property preservation liability insurance system.Litigation property preservation liability insurance has a two-tier structure of internal and external,the internal insurer and litigation property preservation applicant signed liability insurance,the insurer to assume responsibility for insurance;external insurer to provide security for the applicant,issued a policy bond,it will be recognized as liability insurance,but also more conducive to the practice of its operation.The model text is formulated by the insurance industry association to provide a scientific demonstration for the insurer,which is conducive to the insurer to improve the terms of the insurance contract and the applicable norms of the policy bond,and to reduce the insurance contract disputes arising from the terms of the insurance contract or the policy bond text.Set up the rules of restricting the insurer’s exercise of the right to discharge,standardize and unify the criteria for determining the insurance liability,establish and improve the prevention and control mechanism of malicious and false lawsuits,establish the double review mechanism of the court and the risk assessment mechanism of the insurer,and confirm the insurer’s right to recover in malicious and false lawsuits,so as to strengthen the moral risk control and effectively solve the problems that may arise in practice,so that China’s litigation property preservation liability insurance system can not only protect Both sides of the litigation rights and interests,reduce the cost of litigation,but also for the court to solve the "difficult to implement" to provide more powerful protection,and ultimately make the litigation property preservation liability insurance system has become a good system for the people to do practical things. |
