On The Revision Of The Execution Time Limit

Since the promulgation of the civil code,how to coordinate the civil substantive law and the procedural law has become a hot research direction,including the issues related to the enforcement statute of limitations.The system of prescription of execution in our country is stipulated in article 239 of the civil procedure law,which defines the period of prescription of execution and the rule of starting calculation.In addition,the relevant judicial interpretation makes Supplementary Provisions on the specific application of the limitation of execution system.However,in judicial practice,there is still a big controversy about the system of prescription of execution.Based on this,this paper will start from the provisions of the prescription system,combined with case analysis of the causes of disputes,Then propose solutions based on the problems to amend the execution limitation system and perfecting the statute of limitations system design in China.The article is mainly divided into four parts.The first part explains the background of the topic,summarizes the research status of the execution prescription system,at the same time leads to the necessity of the research on the prescription system,and finally points out the innovation of the article.The second part combs the evolution of the limitation of execution system,especially analyzes the current provisions of the limitation of execution system,and evaluates the current limitation of execution system combined with the corresponding limitation of action system in the civil substantive law.The third part,based on the analysis of the existing legal provisions and specific cases in judicial practice,points out the problems existing in the prescription system,which are mainly manifested in the disharmony between the prescription rules of procedural law and substantive law,and the legal loopholes in the execution prescription system itself,such as the unclear scope of application of the execution prescription,the non specific reasons for the suspension and interruption of the execution prescription.The fourth part puts forward the solution to the above problems,and thinks that the limitation period of execution should be unified as three years,which can be consistent with the limitation period of action in substantive law.At the same time,we should straighten out the rules of the limitation of time for the performance of debts by stages,so as to avoid the conflicts between the rules of the limitation of time.In addition,the loopholes in the scope of application of the rule should be filled,and the scope of application of the rule should be clear.If the limitation of action is not applicable to a certain case,then the limitation of action should not be applicable to the case in the execution stage,such as the claim for creditor's rights,the claim for principal and interest of bonds,the claim for real rights or the claim for alimony with personal attributes.In addition,the civil procedure law should follow the provisions of the substantive law to clarify the reasons for the suspension and interruption of the limitation of execution,such as the initiation of retrial.The court ruled that the retrial should be the cause of the interruption of the limitation of execution.At this time,the limitation period of execution should be recalculated according to the new judgment or ruling.If the party's retrial application is rejected,the calculation of the effect will be suspended from the time from the party's retrial application to the court's ruling of rejection.Whether other acts of starting retrial are obstacles to the limitation of execution should also be stipulated.