A Comparative Study Of The Statute Of Limitations And The Time Limit For Prosecution

April 20, 2015, judicial interpretations of the Supreme Court stipulate that the litigation prescription and prosecution deadline are applied to the same contract due to different reasons. The litigation prescription and prosecution deadline are two different prescription systems, which are always confused in practice. So reinforce the studies between links and distinctions of the litigation prescription and prosecution deadline has practical significance. In this paper, the author use the comparative study and empirical analysis from concept, historical development, aim, scope of application, legal consequences of the basic theory, compared with foreign laws and research the two prescription system, also from a practical point of view of justice put forward some suggestions.The text of this paper consists four parts.Part I The concept and historical development of litigation prescription and prosecution deadline. Both litigation prescription and prosecution deadline are the lower conception of prescription, the different conception and characteristics due to the two prescriptions have different historical development. Litigation prescription originated ancient Roman Law, it is the products of product private rights and public interest. In the age of substantive rights and procedural rights without distinction, litigation prescription has the same function with prosecution deadline. The prosecution deadline in modern sense is deprived from the generation of people suing government official, it is also the product of the right to relief and maintenance of public order.Part II The basic theory of the litigation prescription and prosecution deadline. It explored in terms of the establishment of purpose, scope and legal consequences of the litigation prescription and prosecution deadline, trying to reveal the essential difference between them. The author holds the view that the scope of application of the litigation prescription is right to claim. And the scope of application of prosecution deadline is similar to the cancellation right in the right of formation, whose object must be official text, the legal consequence is the elimination of right to sue. At last, clearly identify the essential differences in the two prescriptions.Part III. The provision of foreign laws relating to the litigation prescription and prosecution deadline. In the civil law and common law, the author introduces the features, the period, the starting point, the type of right, and type of litigation prescription and prosecution deadline, and summarized in common. This paper does not compare the merits of each country’s legislative system, just think our country should put the different circumstances of national conditions and history situation into consideration when legal transplants.Part IV Insufficient and recommendations for improvement of the litigation prescription and prosecution deadline in Chinese. The system of litigation prescription and prosecution deadline has imperfection in scope of application. The scope of application for the system of litigation prescription should be called right to claim, and the scope of application for the prosecution deadline should be called Anfechtungsklage and verpflichtungsklage. The general payment claim in Administrative Litigation is appropriate for the provision of litigation prescription.