Research On Legal Issues Of Litigation Preservation Liability Insurance

Litigation preservation liability insurance,as a new insurance product,has been rapidly promoted nationwide since its pilot operation in 2012,and has been widely used in civil lawsuit preservation procedures.Compared with other traditional litigation preservation guarantee methods,it has the advantages of simple purchase and low cost,which can greatly alleviate the financial burden of the preservation applicant in the process of applying for property preservation,and effectively protect the legitimate rights and interests of the respondent.Solving the problems of "difficulty in preservation" and " difficulty in enforcement"of litigation property preservation procedures will play an important role in improving the efficiency of court litigation and enhancing judicial credibility.At present,China’s litigation preservation liability insurance has developed for a short period of time and is still in its infancy.The relevant rules and systems have not yet been established and perfected.There is no consensus on the legal nature of the liability insurance.In addition,the courts at all levels are determining the practice standards for this type of insurance are not uniform,which sorely affects the judicial authority.Thus,conducting in-depth theoretical research on liability insurance,analyzing and summarizing the problems in practice,is very important for guiding and regulating the business operation of insurance companies and the trial practice of the courts,promoting the sound development of litigation preservation liability insurance,and helping to resolve civil litigation disputes.This article is mainly divided into four parts:The first part focuses on the concept of this insurance,and the characteristics of traditional preservation guarantee methods,forming a basic understanding of this insurance;at the same time,it introduces foreign litigation insurance systems and examines some national litigation insurance systems The development and characteristics of the system have sorted out the lessons for our country’s insurance system.The second part introduces the status quo of the development of this insurance system in our country,showing that it provides a new way for civil litigation preservation guarantees and is widely recognized in insurance practice.At the same time,it analyzes the problems in the operation of my country’s litigation preservation liability insurance.Including the lack of relevant laws and regulations,leading to differences in the determination of liability insurance in local courts;second,the unclear legal attributes of liability insurance affect the validity of insurance contracts,and at the same time make it difficult for the court to review the determination of liability insurance in property preservation;In addition,the format and content of the policy guarantee letter are not uniform,and its application is not standardized;the final liability insurance applied to the litigation preservation procedure may cause the moral hazard of malicious litigation and false litigation.The third part takes the legal nature of this insurance as the theme.First,it clarifies the attribute of liability insurance that should be insurance,and distinguishes it from the academy’s recognition of it as a guarantee.Secondly,on the basis of determining its insurance attributes,the two theories of liability insurance theory and guarantee insurance theory are analyzed separately,and finally it is concluded that the characterization of liability insurance for litigation preservation liability insurance is more in line with current judicial practice.The fourth part puts forward perfect suggestions for the problems existing in litigation preservation liability insurance.That is to improve the liability insurance system from multiple dimensions such as legal norms,supervisory regulations and internal risk control of insurance companies.Improving laws and regulations is a vital measure to resolve this insurance.A legal system for the insurance should be constructed that links the judicial interpretations of the Supreme People’s Court,departmental regulations and the Civil Procedure Law,clarifying the legal attributes of litigation liability insurance,and standardizing insurance policies.Application of guarantee.In addition,the China Insurance Regulatory Commission should strengthen the supervision of insurance market access,the courts should strictly review the guarantee qualifications of insurance companies,and insurance companies should enhance risk supervision and regulation.