Historical Origin And Development Trend Of Extinguishing Limitation

Extinguishing limitation is an important system which cannot be missing in the system of civil and commercial law. The content which it refers to is very abundant and the exertion in the judicial practice is also quite broad. The system of extinguishing limitation is in tight connection with each person and each kind of right. The legislation of each country almost has the regulations of extinguishing limitation which limit the exertion of the right, but each country has its own feature in the system and content of legislation. In the General Principles of Civil Law which our country enacted in 1986, it firstly regulated the system of limitation of actions in the form of basic law. This act has a very important significance for it ensures that the people's court can solve the civil dispute etc. appropriately, legally, timely. However, because this law enacted in the early days of our country's Reform and Opening, at that time civil legislation just simply transplanted the civil law of Soviet Union when it was during the period of socialism's planned economy. Therefore, a series of problems exist in the executing process of this system, and increasingly affect the normal operation of our country's civil activities. The system of civil limitation belongs to an unpopular thing for a long time; the research about the problems of civil limitation isn't deep enough all the time. The existing problems can't get the efficient solution all the time; it makes that the theoretic research about the system of extinguishing limitation becomes more and more important.In our country the research of extinguishing limitation basically progresses upon the current legislation at present, it adopts the simply empirical analysis method in the method and it doesn't carry out the systems analysis, comparative analysis and culture exploration through applying the historical method from the aspect of law history. Therefore, we can't make estimation and judgment for the development trend of system of extinguishing limitation. If we want to investigate a kind of law system deeply, we should firstly acknowledge the historical background of such system's occurrence. Only if we clearly grasp the cause and effect of such system, we can carry out the correct culture exploration and induce the future development trends of such system.This thesis takes the origin, forming, succession and reform of extinguishing limitation as the clue; it applies the historical method .comparative method from the aspect of law history, and comparatively analyzes the relationship and difference among the extinguishing limitation of continental law, limitation of actions of British &US law, limitation of actions of socialism law. It emphasizes on introducing the development situation of limitation system in France, Germany, Japan, Britain, and former Soviet Union. The innovation of this thesis is that it takes the deeply exploration of the historical origin of extinguishing limitation under the background of different law culture as the premise, and systemically induces and concludes the future development trend of extinguishing limitation. This theoretic achievement will provide a certain reference value for the improvement of the concept of limitation in our country's civil and commercial law, and the construction of our country's limitation system.