Application Of Statute Of Limitation Uniform In The Context Of COVUD-19

Under the cultural background of valuing human rights in China,the system of prescription of action cannot overcome its conflict with ethics and thus cannot obtain moral justice.The promulgation of the Civil Code has further improved the system of limitation of action.However,there are still some points worth further study and thinking,for example,the cause of suspension is not perfect enough,the starting point is easy to be blurred under the subjective starting mode,and the completely compulsory legislative mode is still adopted,which does not respect the will of the partiesUnlike ordinary force majeure,COVID-19 affects a wide range of people all over the world.The impact is deep,and it is necessary to take the way of complete shutdown and village closure to effectively prevent the epidemic;The influence time is long,Since the outbreak has been a year,but the outbreak has not yet signs disappeared.There is no doubt that the outbreak and the prevention and control measures of the statute of limitations applicable statute of limitations system in China will be the influence of the defects of existing exposed more thoroughly,can respectively from the Angle of the different content of the statute of limitations system research outbreak and influence of prevention and control measures of the statute of limitations applicable to analysis of the search for perfect our country litigation The way of prescription system.Therefore,this paper consists of four chapters:First chapter from the Angle of legitimacy of the existence of the statute of limitations system,and discusses the epidemic prevention and control measures of the legitimacy of the statute of limitations,first of all,this paper introduces the legitimacy of the existence of the statute of limitations system,as well as the social public ethics inherent conflict in the heart,and second,respectively discusses the disease itself to the conflict intensified,and the outbreak and the prevention and control measures for the limitation of action of repression.The second chapter studies the impact of the epidemic and the prevention and control measures on the application of the prescription of action from the perspective of the scope of application of the prescription of action,and analyzes and studies the impact of the epidemic and the prevention and control measures on the application of the prescription of action for the right of contract,the right of infringement and the right of real claim.The third chapter studies the effects of the epidemic and the prevention and control measures on the application of prescription from the perspective of the limitation system.This paper analyzes the influence of COVID-19 and its prevention and control measures on the limitation of action barrier system in China from the two aspects of the discontinuation system and the discontinuation system of the prescription of action.The fourth chapter tries to put forward some suggestions from such aspects as the suspension system of prescription period,the starting mode of prescription period and the preferential disposition of the parties to the benefits of prescription.First of all,for the system of suspension of limitation of action,on the basis of drawing on the advantages of the calculation of the period during which the limitation of action is not completed,the effect of the change of creditor’s status caused by marriage and family on the exercise of creditor’s rights should be fully considered,and the survival of the relationship between husband and wife should be taken as the cause of suspension.To fully protect door with no capacity or with limited capacity for one of its legal representative,should not only to "civil code" article 194(2)of regulation of suspension as out,in order to make the new legal representative enough time instead of creditors to exercise rights and shall stipulate in such creditors’ ability to exercise their rights or have a new legal representative can replace its exercise The limitation of action shall commence on the date of right.Secondly,as for the starting mode of prescription period,the author believes that the scope and content of "know" and "should know" should be clarified.At the same time,the combination of subjective starting mode and objective starting mode should be strengthened.Finally,the author discusses the feasibility of allowing the parties to give up the prescription benefits in the course of the prescription from the reasons and justifications respectively,and puts forward the corresponding normative suggestions.