Research On Compensation Liability For Damage Of Error In Property Preservation Application

In recent years,the use of property preservation system in civil litigation has become increasingly widespread.By applying for preservation,the parties can protect their rights and interests in a timely and effective manner and avoid failure to enforce.At the same time,there is also a growing number of disputes over damages for property preservation errors.Due to the existing issue of preservation errors are relatively brief and broad in China,different courts always keep different opinion in the trial of same type of cases.So same case has different sentences.This article focuses on the current situation of the property preservation damage disputes in China in recent years,and selects three representative cases,starting from the main issue of the "application error" in Article 108 of the Civil Procedure Law,and discuss how to view the influence of previous sentence,what kind of imputation principle of tort liability should be applied,how to determine the applicant’s duty of care,and whether the amount of preservation exceeding the amount which is confirmed by the judgment can be taken as the standard for determining the error.From the legislative level,the existing principles of the provisions can not be derived from the specific operational guidelines,how to attribute responsibility,how to take responsibility for the ambiguity,and even difficult to achieve a balance of the rights and obligations of both the applicant and the respondent,resulting in different controversial views in theory and practice.From the practical point of view,limited by the court’s tight human,financial and material resources,the realistic dilemma of reviewing the application for preservation,the hollowed-out applicant review system,and the difficulty of defending rights are all more prominent.To improve the rules of damage compensation for preservation errors,we should first clarify the application of specific rules for the cases of applying preservation error,and focus on prevention,strengthen the substantive review of property preservation,refine and put into practice the property preservation relief system,so as to reduce the occurrence of property preservation error cases,effectively safeguard people’s legitimate rights,and meet everyone’s pursuit of justice.