Limitation Of Actions

Limitation of actions is an important system in the civil law of continental law system. It was designed ingeniously in many countries' civil law codes. In our country, the code of civil law has not been come out up to the present for one reason or another. The prescription of this system in our existing legal is very coarse. So many issues were engendered in academia. This article analyzed deeply four problems which were argued drastically such as the conception of limitation of action, the object of limitation of action, the period of common limitation of action and the effect of limitation of action.Part one analyzed the conception of limitation of action in chief. Firstly, the author expounded the origin of action and led to the conception of "limitation of action" and "limitation of elimination", and then pointed out that those two conceptions were homologous and engaged in textual research of the evolution of those conceptions in the developing history of law in our country. Secondly, the author compared the conception of limitation of action with the conception of limitation of elimination and pointed out that those two conceptions were similar, but there were some difference between them. Thirdly, the author expounded the query in academia on the conception of "limitation of action" and "limitation of elimination", and introduced some new conceptions. At last, by analyzing comprehensively, the author came to a conclusion that the conception of limitation of action was more suitable than the other one in our country at present and gave his reasons.Part two analyzed the problem about the object of limitation of action that argued drastically not only in theory but also in practice. First of all, this section defined two prerequisites of the object of limitation of action, which was, time and space. Secondly, from the view of the legislative models of the world to analyze the object, pointed out that today there are two major trends, namely the theory of the right of action and the theory of the right of claim. At the same time, the author analyzed the relationship between the two theories, pointed out that the relationship between them were the two sides of the same coin. Thirdly, from the view of the division of the private rights, pointed out that the object of limitation of action can only be the right of claim. Finally, the author spent a lot of space, from the particular view of the relationship between the rights to analyze the object creatively, concluded in the end that the object of limitation of action was the relieving right of claim by analyzing in-depth. At the same time, the author particularized the exceptional case. On this basis, the author pointed out the direction of the legislation of China's future.Part three analyzed the problem about the period of common limitation of action. By analyzing the legislation of the world and the development tendency of the period of common limitation of action, the author pointed out that the legislation of the PRC about the period of common limitation of action which was set two-year looked too short. In that case, how to set up a reasonable period of common limitation of action? Then the author analyzed the influencing factor on the setup of the period of common limitation, and then expounded the law of development of the problem and pointed out the method of setting a reasonable period of common limitation of action. Finally, the author did not like other scholars, pointed out a concrete period of common limitation of action rigidly, but raised the method of how to determine the period of common limitation of action, which was according with the condition of our country.Part four analyzed the legal consequence when the period of limitation of action had expired. Firstly, the author pointed out that there were there theories about the effect of limitation of action, namely the theory of extinguishing right of action, the theory of occurrence of the right of defense and the theory of extinguishing substantive right. Then the author analyzed each of the three theory of irrationality. Finally, by analyzing comprehensively, the author came to a conclusion that theory of occurrence of the right of defense was the most reasonable and gave his reasons. At the same time, the author pointed out the direction of the legislation of China's future.Based on the analysis of each issue, the author analyzed the current legislation of the existence of shortcomings as far as possible, and gave the views and suggestions to solve the practical problems.