Astudy On The Determinationof Civil Liability For Errors In Applying For Civil Property Preservation

In recent years,the number of civil disputes is increasing,so there are more and more civil property preservation damage disputes.However,the current laws have relatively few provisions on the civil property preservation system.In judicial practice,for the loss caused by the applicant’s wrong application for property preservation,the standard for the court to identify the error is vague and the principle of attribution is not uniform,leading to the phenomenon that different judgments in similar cases often occur.Therefore,the key problem for the damage disputes of applying for civil property preservation is how to identify the civil liability.This paper intends to identify the civil liability by analyzing the wrong types of different applications for property preservation and what kind of liability principle should be applied according to different wrong types.Its main contents are as follows:The first chapter introduces the determination of civil liability for damage of civil property preservation through practical cases.This chapter through the basic people’s court and the cases together with the Supreme People’s Court hearing a case,the query sentence content similar class case,summarizing the dispute focus and major problems of justice in such cases,the application for property preservation error loss occurs,how to maintain application error,and then apply what to responsibility imputation principle.The second chapter is the theoretical analysis of the identification of the wrong civil liability for property preservation.This chapter analyzes the nature and types of property preservation application errors.Disputes over the application of the principle of imputation;This paper analyzes the legal provisions of wrong civil property preservation and supports the application of the principle of imputability in combination with other legal provisions.It also analyzes the advantages and disadvantages of the principle of liability for fault mainly applied in the current judicial practice field,as well as the different cases of wrong application for civil property preservation and the problems of the standard of recognition of liability to be met.In the third chapter,China began to draw lessons from the legislative system,judicial system and legal provisions of continental law countries in the legislation of the late Qing Dynasty and the early Republic of China.After the founding of New China,the legislation and judicature were also deeply influenced by the civil law system.Therefore,this paper mainly studies the three civil law countries and Taiwan region of China on the system of civil property preservation,the way of identification when mistakes occur,relief ways.Through the investigation of the legal system procedures of the above three countries and China’s Taiwan region,we get some enlightenment.Finally,we summarize the legal principles or legal provisions that can be used for reference in accordance with the national conditions of socialism with Chinese characteristics.The fourth chapter,the standard for the determination of civil liability for the error of applying for civil property preservation.This chapter puts forward different suggestions from several aspects,including the lack of legal provisions and the inconsistency of judgment in similar cases.combined with the feasible operation mode in current practice.Defining the "subjective" identification standard for errors in application for civil property preservation,clarifying the corresponding liability identification standard for different types of property errors,the identification standard for the scope of compensation for errors in application for civil property preservation,and improving the identification procedure and relief procedure for errors in application for civil property preservation.By reducing the occurrence of errors in property preservation applications from different aspects,the occurrence of such cases can be reduced and the legitimate rights and interests of both parties can be protected in a more fair and just way.