The Perfection Of The Limitation Of Action In Our Country

After the founding of new China,our country is in reference on the basis of the former Soviet union legislation,establish the system of the statute of limitations.The statute of limitations system due to the time after the obligee's rights effect is abate,a disguised form of this kind of new to the holder of the right to deprive the legitimacy of the system is questionable.The system from the establishment becomes the focus of academic discussion.Scholars in Taiwan,p.16,also thinks Mr System of the statute of limitations is a worthy of further research project.The limitation of action,as the most core content in the system of the statute of limitations,is worthy of our indepth discussion.Based on the limitation of action in our country as the research object,from two aspects of theory and practice to review of the limitation of action in our country,and based on this,advances the Suggestions of perfecting our country's the limitation of action.This paper consists of four parts:The first part is the case is put forward.In this part the author cited a by the real case of court,the case then this article will explore the issue.Of the contents of this part is the significance of writing the whole article needs to discuss the problem at the beginning of the article is clearly,on the whole structure have the effect of the beginning.The second part is the limitation of action case statistical research in China.This part adopts the method of empirical study of the case study statistics,choose guiyang city in guizhou province from 2014 to 2015,the court cases of the statute of limitations related to two years,according to the result of the court's decision on the part of the case according to the following standards for data statistics: first,the statistical research on the cognizance of the limitation of action.The court ruled that the statute of limitations period the case number and proportion,it can be seen that to protect the rights of the holder of the prescription system in China.Secondly,for the cause of the limitation of action has not expired for statistical research.Through the data statistics can affect the limitation of action in our country is not the main reason of the expiration,the people of our country the limitation of action of the controversial focus mainly concentrated in what respect.In the end,the court of the region's ShangSuLv cases involving the statute of limitations for two years and GaiPanLv statistics.On the part of the data statistics is to understand the meaning of our country public lawsuit limitation system of our country's understanding and acceptance.All in all,this part takes to illustrate the point with surface system of the statute of limitations of the judicial practice in our country,from the practice level view to the disadvantages of the limitation of action in our country,it is necessary to reform the fully explains the limitation of action in China's fact,and laid the groundwork for the perfection of the limitation of action in China.The third part is the limitation of action of theory research in China.First,this part introduces the history and the meaning of the limitation system,the limitation of action for later theory laid a foundation.Secondly,this part of the meaning of the limitation of action in China and related regulations made a simple introduction,on the basis of understanding during the litigation in our country,summarized the characteristics of the limitation of action in China.Again,this part introduces the theoretical basis of the statute of limitations system in China,which is the limitation of action in our country to justify reasons to exist.Finally the author to our country existing theoretical basis of the limitation of action in powerful retort,this part is the core content of this section,this part explains theoretically the limitation of action in our country exists the legitimation of lack of reason,theoretically explain the function of the limitation of action in our country,and to perfect the urgency of the limitation of action for the rest of the article to provide a strong argument.The fourth part of the article for the perfection of the limitation of action in our country.First,this part reveals the factors that affect the limitation of action is set in China for its own national conditions and the realization of the function of the system.Second,in the practice of the above analysis and on the basis of theoretical analysis,has carried on the deep to the limitation of action of our country's existing review.Finally,the author combined with the above review of the limitation of action,put forward specific Suggestions on perfecting the limitation of action.