Improvement Of The System Of Creditor Benefit Protection Under The Perspective Of The Statute Of Limitations

The statute of limitations system can experience the test of time, has been used up to now, and has been widely used in the countries all over the world. System at the same time, the limitation in transplanted into China these years, the development of economy in China, the maintenance of social order, is obvious to all. In these aspects, we should affirm the necessity of the limitation system, and should not be questioned the legitimacy of the existence of the statute of limitations system. Because, of course, when formulating prescription system in our country, based on the history of environmental factors, biased towards the protection of public interest is the need of times, but with the continuous development of social economy in our country, in the advocacy of private rights protection of modern society, the original system of the statute of limitations to appear lags behind, lead to litigation prescription system sometimes become the accomplice of the debtor, and harm the interests of creditors. Based on the above consideration, based on the creditor benefit protection as a starting point, from four aspects to perfect prescription system in China, namely, the effectiveness of the system of the statute of limitations, applicable scope, period, calculate and barrier mechanism four aspects.In this paper, a total of five chapters, chapter one, has been clear about the limitation system of our country has the legitimacy of its existence, from the point of view of protecting public interest, it is necessary. But this is not to say it in order to protect the public interest can be arbitrary, as an important civil law system, its itself also assumes the responsibility of rights, therefore, the protection of both should be balanced. By pointing out problems existing in the current limitation system in our country, which leads to the creditor under the perspective of the protection of the interests of the necessity of perfecting litigation prescription system in China. Chapter ii from the perspective of conducive to reasonable to protect the interests of the creditors, believes that the effectiveness of the prescription system in China should choose the right of defense said. The third chapter is mainly about the statute of limitations applicable scope, from the need for protection of public interests and the holder, the author thinks that the applicable scope of the system of the statute of limitations for claims, and clearly outlining the type of claim shall not be applicable statute of limitations system, system to avoid the limitation of the interests of the obligee damage expand applicable. The fourth chapter from the statute of limitations period and up to perfect. The fifth chapter is on the improvement of the barrier mechanism.