我国诉讼财产保全责任保险研究

发布时间：2018-05-17 22:08

本文选题：诉讼财产保全 + 诉讼财产保全保险　；参考：《首都经济贸易大学》2017年硕士论文

【摘要】：诉讼财产保全责任保险是我国保险公司在责任险方面的创新产品,能够有效缓解民商事案件中原告在申请财产保全过程中提交担保的资金压力,减轻人民法院审查担保可靠性的压力。相较于传统的担保提供方式,诉讼财产保全责任保险具有手续简便、费用低廉、偿付能力强等优势,申请人在得到诉讼财产保全责任保险的保障后更容易在诉讼案件中维护自己的合法权益;近年来法院对保全申请所要提供的担保数量和形式的审核越来越严格,在一定程度上加大了申请人申请诉讼保全的难度。由此,我国诉讼财产保全责任保险在2014年一经推出便在全国范围内迅速发展起来,成为保险公司在责任险方面的热门产品。但是,由于我国诉讼财产保全责任保险起步较晚,目前仍处于探索阶段,这个阶段不断在市场、人员、制度等方面涌现新的机遇,同时也在骗保、恶意诉讼等方面不断出现新的挑战。因此本文立足于我国诉讼财产保全责任保险发展的环境,分析现阶段我国发展诉讼财产保全责任保险必要性和现阶段中遇到的问题,并依据这些问题对今后我国发展诉讼财产保全责任保险提出意见和建议。文章首先整合了我国学术和实务两方经验,对诉讼财产保全责任保险发展的必要性、发展阶段、发展现状进行了系统阐述,其次从法院、保险公司、申请人三个方面揭示了我国发展诉讼财产保全责任保险面临问题,最后在前述基础上对我国下一步发展诉讼财产保全责任保险提出了意见和建议。在宏观思路上针对保险企业自身呼吁加强战略定位,加强对法院和公众的法制宣传进而提升他们的认可度;在微观思路上,呼吁保险公司继续完善内部控制机制、培养内部人才、优化展业初期成本结构,同时继续进行产品创新,提升自身竞争力,并以此作为我国发展诉讼财产保全责任保险的新契机。
[Abstract]:Litigation property preservation liability insurance is an innovative product of liability insurance in China's insurance companies, which can effectively relieve the financial pressure on the plaintiff to submit a guarantee in the process of applying for property preservation in civil and commercial cases. To ease the pressure on the people's court to examine the reliability of the guarantee. Compared with the traditional way of providing guaranty, litigation property preservation liability insurance has the advantages of simple procedure, low cost, strong solvency and so on. It is easier for applicants to defend their legitimate rights and interests in litigation cases after they are protected by the insurance for the preservation of litigation property. In recent years, the court has been more and more strict in examining the amount and form of security to be provided by preservation applications. To some extent, the applicant has increased the difficulty of applying for litigation preservation. As a result, China's litigation property preservation liability insurance has developed rapidly in the whole country since it was introduced in 2014, and has become a hot product of insurance companies in liability insurance. However, due to the late start of litigation property preservation liability insurance in our country, it is still in the exploratory stage. At this stage, new opportunities are constantly emerging in the market, personnel, system, and so on. At the same time, we are also deceiving the insurance. New challenges are emerging in areas such as malicious litigation. Therefore, based on the environment of the development of litigation property preservation liability insurance in China, this paper analyzes the necessity of developing litigation property preservation liability insurance in China and the problems encountered in the present stage. According to these problems, the author puts forward some opinions and suggestions on the future development of litigation property preservation liability insurance in China. The article first integrates our country's academic and practical experience, the necessity, the development stage, the present situation of the development of the litigation property preservation liability insurance, then from the court, the insurance company, the article has carried on the systematic elaboration to the lawsuit property preservation liability insurance development, then from the court, the insurance company, The applicant reveals the problems facing the development of litigation property preservation liability insurance in China, and finally puts forward suggestions and suggestions for the further development of litigation property preservation liability insurance in our country on the basis of the foregoing. In view of the macro thinking, the insurance companies themselves are called upon to strengthen their strategic positioning, to strengthen the legal publicity to the courts and the public, and to enhance their recognition; in the microscopic thinking, the insurance companies are called upon to continue to improve the internal control mechanism. To train internal talents, optimize the initial cost structure of the exhibition industry, and continue to carry out product innovation, enhance their own competitiveness, and take this as a new opportunity for the development of litigation property preservation liability insurance in China.
【学位授予单位】：首都经济贸易大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：F842.69

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