On Values Of Lawsuit Time Limit In Judicial Practice

This paper is mainly to discuss the values of lawsuit time limit in judicial practice, in an attempt to arouse the emphasis of legislative and judicial workers on the system of lawsuit time limit and make the system regularized, perfected and carried out further. The paper can be divided into four parts:Part I Values of lawsuit time limit in judicial practiceThe lawsuit time limit is the time limit of lawsuit stipulated by law. The fundamental purpose of lawsuit lies in justice and efficiency, whose substance is the protection of human rights. The values of lawsuit time limit in judicial practice lie in how to represent human rights and protect human rights, which concerns the scientific legislation and the judicial severity. Spoken from the level in which law is regarded as the representation of the will of the ruling class and guaranteed by national coercive power, the system of lawsuit time limit is also related to whether the working styles of the Party and the government are good or not, and the image of the Party and the government as well, in which the value of the system of lawsuit time limit. Part II Problems in the system of lawsuit time limitSince the system of lawsuit time limit is quite important, which problems the system has in the legislation and judiciary, which is the problem that this part should resolve. First, based on the regulations in the Criminal Law and Code of Civil Law of our country, the paper put an emphasis on some unscientific and irrational regulations of lawsuit time limit in legislation, pointing out the confusion of regulations, redundant phases of extending lawsuit time limit in legislation, common overlong lawsuit time limit, overlapping examination of cases, unclear regulations of extending lawsuit time limit, and poor conditions of persons and units authorized to extend lawsuit time limit as well as overmuch blanks of regulations on lawsuit time limit in law. Second, the paper explains the problems of the system of lawsuit time limit in judicial practice, specifying that the system of lawsuit time limit cannot get the attention it should be paid in judicial practice, the regulations of extending lawsuit time limit cannot be carried out severely, there are no powerful monitoring and penalties of violation of lawsuit time limit, the blank of lawsuit time limit bring about the delay of cases, and that the principle of presumption of innocence in the criminal law cannot be carried out thoroughly. Third, the paper discusses the disadvantages of the system of lawsuit time limit in theoretical study, presenting that no person does research on such an important system. Also, the paper discusses why such an important system is paid no attention in legislation, pointing out that the system of lawsuit time limit is not only a technical problem of legislation, but also a substantive problem. Finally, from the perspective of social environment, the paper analyses the reasons of poor performance of the current law on the regulations of lawsuit time limit, presenting that the social environment plays an important role of limiting the execution of lawsuit time limit.III. Passive impacts of problems in the system of lawsuit time limitThe paper explains the hazards of the problems of the system of lawsuit time limit, pointing out that due to the problems in legislation and judiciary, the system of lawsuit time limit brings about a series of passive impacts. The first is to damage the unity and dignity of law, the second is to influence the image of the Party and the country, the third is to undermine the working style of the Party and the social custom, the fourth is to shake the basis of political power of the people's democratic dictatorship, the fifth is not helpful to stop lawsuit and disputes and strike crimes, the sixth is that it's difficult to realize the protection of human rights, the seventh is to corrupt the teams of politics and law, the eighth is to increase the national financial burden of the country, the ninth is to increase the client's suff...