Study On The Tortious Liability For Damage Resulting From Attachment

With the extensive application of property preservation system in practice,the tort cases of property preservation also show an increasing trend year by year.Only Article 108 of the Civil Procedure Law of the People’s Republic of China has been stipulated in the tort liability of the People’s Republic of China.The tort liability of the Civil Code of the People’s Republic of China has not made clear provisions on the tort of property preservation.The legal provisions are more general and no systematic system has been formed.The same practice in the treatment of different ways.This paper starts from the study of tort liability for property preservation,through the analysis of typical cases and the statistics of property preservation tort cases of the Supreme Court,leads to the causes of tort disputes for property preservation from different angles,further studies the theoretical basis of property preservation system,and summarizes the identification of tort liability for property preservation combined with cases.The purpose is to enrich the connotation of the property preservation system,and through the analysis of the property preservation tort damage compensation to guide the applicant to better use this system,at the same time to protect the legitimate rights and interests of the respondent,avoid the applicant to abuse the right to create new disputes.