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目前法律已经取消了交管部门对于肇事车辆的扣留权,肇事驾驶人也不需要交纳保证金。事故受害者要取得足额赔偿,往往必须经过漫长的诉讼,并且还要面临执行不能的尴尬。用好诉前财产保全的法律手段,在现有的法律制度下,是受害者权益能得到较好地保护的方法之一。文章结合实际工作经验,对交通事故中诉前财产保全的具体做法提出了一些建议。
At present, the law has abolished the right of detachment of the traffic control department for the vehicle involved in the accident, and the driver of the accident does not need to pay the deposit. Victims of the accident to obtain full compensation, often have to go through a lengthy litigation, but also face the embarrassment of implementation can not. To make good use of the legal means of property preservation before litigation is one of the ways in which victims’ rights and interests can be well protected under the existing legal system. Based on the actual working experience, the article puts forward some suggestions on the concrete practice of pre-litigation property preservation in traffic accidents.