By The Limitation Of Action System's Consummation Of Our Country

Limitation of actions is an important system of the traditional civil law system, directly related to whether civil rights can be protected by law. With the development of market economy, the profound changes of social life, limitations of action has the meaning of existence far beyond its traditional meaning, while the value of a more deep-seated, also led scholars to research, debate and discussion. This paper, starting from the origin of the system of limitation of action, analyzes Generation and History of the Limitation of Action, and then analyzes the concept of limitation of action system with the legal value, so clear the purpose and significance of this article. Cite by analyzing the scope of application of the limitation and exclusions, pointing out that the limitation applies only to the right of the fundamental object of the request. The next demonstration is divided into four parts of the limitation of our system perfect. First , by the date of the adoption of standards of Limitation of actions during, namely that the subjective criteria, objective criteria ,and the subjective and objective standards that lead to limitations on the starting point of the study period, the period of limitations of starting point should be based on the parties to exercise the right to request, all kinds of claims may apply to this principle, all the circumstances to exercise the right to request need only the interpretations of specific conditions and the applicable limitation period, so that you can solve the right to request under different circumstances of the issue date of the limitation period. Then, through China's General Principles of Civil Law for the interruption of the proceedings , think problems caused by this requirement, namely, the parties to initiate judicial proceedings often can not determine whether the court will make a substantial verdict, but see it as a limitation of action During the suspension of reason, you can not enable the parties in the judicial process subject to the pressure of limitation period to continue ,then make a choice of whether the prosecution as a limitation of action subject to interruption or suspension , at the same time analyze the types of the interruption reasons of the limitation . Then through the period of limitation of action comparison among the ordinary, particular, the maximum limitation period of three lawsuits in Germany, Japan, Taiwan and other countries and regions, combined with the base of setting the length of proceedings of the limitation period in accordance with the significance of our Limitation of actions raised during the legislative proposals. Finally, in the face of the current world trend of national legislation, taking the initiative to explore whether the Court should invoked the theory of limitation of action, namely, the elimination of entity the right, and the elimination of the right to win a lawsuit, and defend right to occur, and thus hold that the court should not take the initiative of our country to invoke the statute of limitations.