Research On Extinctive Prescription System And Right Of Claim In Civil Law

In this paper the author have done research on prescription system, including systematic research on the historical origin of the prescription system, the effect of extinctive prescription, the object of extinctive prescription, current legislation situation of prescription system of our country. Thus I discuss the question whether the civil legislation of our country should establish the prescription system. This paper holds the opinion that , according to the functional legal analytical method, the existence of any kind of legal system is the result of its one's own irreplaceable function and value. This kind of function and value bases on the consideration of interests weighing and value judgment which accord with certain social state, the existence of the prescription system is no exception. The formulation of the prescription system and regulation of the inherent content of the prescription system are a kind of legislative choice which is according to the pure value judgment of legislators and is made after legislators carried on interests measurement on the basis of social state at that time . The establishment of the prescription system has nothing to do with the inherent logic mechanism of the law. Moreover the author propose that according to the social development trend we should weaken the prescription system gradually in the civil legislation. Whether our country need establish the prescription system should be considered from the current situation of social development in our country. Therefore, the author has offered the suggestion of legislation on how to perfect the extinctive prescription system of our country.Moreover, in view of the confusion that exists in the application of the prescription system in the civil law at present in our country, after analyzing the concept and characteristic of " right of claim ", the author clarified the questions on the relationship between several basic conceptions in civil law including real right, obligatory right, right of claim, right of the real claim and litigious right . Thus, the right system of r right of claim is structured. By using this system , the author has solved the chaos in the application of extinctive prescription system in the judicial practice which is caused by the confusion in understanding these concepts.