The Study Of Chinese Litigation Property Preservation Liability Insurance

In recent years, with the development of China's economic society and the people's legal awareness,the number of civil litigation cases increased, the amount of the subject increasing, many parties in the settlement of disputes through litigation, in order to protect the effective implementation of the verdict, The court applies for property preservation measures.However, according to China's civil law and the relevant judicial interpretation of the provisions of the court to accept the parties to apply for property preservation must be provided by the parties to a certain amount of security as a prerequisite.In the judicial practice, the court provides strict means and means of providing security for the applicant. The usual way of guarantee is that the applicant's cash or physical property (including property, vehicle or land) provided by himself or a third party and the bank guarantee ,The guarantee of the guarantee company, etc., and the amount of the guarantee shall be equal to the amount requested for preservation.This provision will undoubtedly increase the economic burden of the parties,so that civil litigation becomes a "high cost" of the right, because the parties unable to provide but can not provide timely guarantees to the debtor to leave the opportunity to hide property,causing civil and commercial cases Difficult to implement the helpless consequences.In view of the above-mentioned situation, Yunnan Chengtai Insurance through the combination of property preservation guarantee and insurance product innovation in the nationwide first introduced litigation property insurance liability insurance.For the litigant's property preservation behavior to the people's court to provide insurance guarantees, when the court ruled that the applicant needs to bear the burden of loss of liability, by the insurance company in accordance with the provisions of the insurance contract to protect the respondent to fulfill the liability to achieve litigation property preservation guarantee purposes,effectively reduce the threshold of litigation, and safeguard the legitimate rights and interests of the parties.Subsequently, including the insurrection, peace, CPIC and other major insurance companies have to carry out litigation insurance business, and achieved good results.By means of case analysis,Firstly, it elaborates the research background and significance of litigation property preservation liability insurance, and explains the relevant legal concepts and definitions.Secondly, it introduces the case of Yunnan Chentai Insurance pilot, and analyzes the characteristics and advantages of the sue and liability insurance compared with the traditional guarantee method.Thirdly, the development situation of the insurance is introduced, and the detailed analysis and research on the liability insurance of litigation is carried out from the angle of judicial practice and insurance practice.Then,combining with the development situation of case insurance and liability insurance, the author analyzes the development motive and the existing problems and reasons.Finally, through the analysis and summary of the above,combined with China's specific situation,from the government, the court and the insurance industry level proposed the development of China's litigation property insurance liability insurance policy recommendations.