On Extinctive Prescreption

Aging (Prescription), refers to a state of facts, sustained over a period of time, willproduce specific laws and legal consequences. According to the legal consequences ofdifferent expiration of limitation, aging and acquisitive prescription and prescription.Acquisitive prescription and belongs to the category of civil law, the ownership is a way,not all people due to expiration of limitation and obtain certain rights. Extinctiveprescription, also known as the limitation of action, refers to the right person forexpiration of limitation and the loss of a right. In our current law only stipulated theextinctive prescription, and there is no provision acquisitive prescription.The prescription is an important civil system, whether the theory or the judicialpractice have made many beneficial explorations, enables the system to constantly enrichand improve. But the prescription in certain problems still remain controversial, there is aneed for further discussion. In this paper the extinctive prescription legal system as theresearch object, from the basic concept of the extinctive prescription, around the relatedtheoretical issues are analyzed, based on our country’s legal regulation of extinctiveprescription, pointed out that China’s existing problems, and puts forward the relatedimproving measures and suggestions of legislation.Except the preface and conclusion, this article altogether divides into five parts. Thefirst part is an overview of extinctive prescription. This part is a simple summary of theextinctive prescription of origin, made clear the extinctive prescription of the concept andthe meaning of its. The second part is to eliminate the applicable scope of the limitationof. Through the three legislative analysis that destroy the applicable scope of thelimitation to request the right to be. The third part is the effect of extinctive prescription.This part is to explain the effect of extinctive prescription should use " claim ". The fourthpart is to destroy the limitation period starting. This section includes " on extinctiveprescription during the initial Legislation Analysis " and " the legislation determined theextinctive prescription period starting point should be considered " in two parts. The fifthpart is our country extinctive prescription system analysis and improvement suggestions.This part mainly exist in our legislation and puts forward some improvement suggestions.