On The Reconstruction Of Prescription Institution In Chinese Civil Law

Although the prescriptive institution is an important institution in civil and commercial law, General Principles of the Civil law of the People's Republic of China only stipulates one kind of the prescriptive institution, the prescription of action. By presenting some problems in practice and theory on this matter, and on the basis of analyzing the defect of Chinese prescription of action and the insufficient of foreign prescription institutions, this dissertation points out that the defects and conflicts existing in the effecting prescription of action shall not be solved fully even China introduces the foreign usucaption. In order to resolve this problem, this dissertation submits a newly construct to build a uniform prescription institution which has two functions of usucaption and extinctive prescription at the same time.There are two chapters in this dissertation. Chapter One with three sections deliberates the concept of prescription, and discusses the defect of Chinese prescription content and the insufficient of foreign prescriptions in legislation. After analyzing reasons and possibilities to reconstruct the Chinese prescriptive institution, Chapter Two also with three sections submits the concrete reconstructive prescription.