| The prescription in the civil law has two kinds: acquisitive perception and extinctive prescription. Acquisitive prescription is this kind of law system: The continuous condition of occupying other person's effect has surpassed the vested time and got a result of acquainting the effect forever.The continuous conditions of not using right has surpassed the vested time and got a result of effect being acquainted by others, this kind of law system is called extinctive prescription.The significance of studying acquisitive prescription: First, maintain a kind of ordered social status, stabilize social economic relation. Second, make up the defects of the rights, promoting people to use their rights in time, preventing the rights sleeping; if people make their rights for a long time' s sleep, then the court will not fiercely protect their rights. Third, avoid the loss of the evidence. One factual existing for long will lead to the loss of evidence and the death of witness, then whether the factual status is lawful is difficult to be proved. Setting the prescription system of lawsuit, if the deadline is to the end for the prescription of lawsuit, the party will not be protected by law.The substituting of the evidence for the law suit prescription avoids the difficulty of the witness. As an important civil suit system, destroying the extinctive prescription is the common problem that exists in the trial practice. Since many years ago, the theoretical field makes many researches on this system, judicial practice also enriches it. Whereas, there is still some conflict between the theories and practice in the aging effect system, and there is some necessity to deeply perfect the civil suit system.In chapter one, the author puts forward the purpose of the paper in the introduction, which mentions his own opinion and advice through the research on the common theories, the analysis on the status on the legislative and judicial the comparison research on the international... |
PDF Full Text Request