On Applicable Scope Of Valid Period For Lawsuit

The applicable scope of valid period for lawsuit means civil right types for applicable scope of valid period and it hold the core position in the system of valid period lawsuit. The aim of this thesis is to discuss on its valid period for perfecting the system of valid period for lawsuit. The frame of this thesis includes introduction, conclusion and other three chapters.In introduction, it briefs the concepts, types of valid period, derivation of the name"valid period for lawsuit", the history of the system of valid period, the lawmaking aim of valid period and etc. The establishment of scope of valid period plays a significant role not only for the frame construction of the system of valid period lawsuit, but also involves the reasonability of protection for civil rights.The first chapter brief on the applicable scope of valid period for lawsuit is limit to petition. The first part is the analysis on lawmaking cases of various nations. The author analyzes three lawmaking cases in comparative law and presents the view that the applicable scope of valid period for lawsuit is limit to petition by clarifying legal result which completed by valid period for lawsuit, is that obligee's petition will be waned, if obligor makes a plea. The second part is to explain the cause of formation that petition is exclusively target for valid period for lawsuit. Civil right can be classified into two categories: one is the embodiment of given interest, namely right noumenon or entity right, which is the content of civil right and it is classified into absolute right (property right and non-property right) and relative right (creditor's right); The second part is the embodiment of legal enforcement which derives from right noumenon and it is beyond right noumenon which embodies the function of civil right, which divides dominant right, forming right, petition and plea right. The author explains the applicable scope of valid period for lawsuit is limit to petition by analyzing the features of above rights.The second part is to introduce the concrete applicable target for valid period for lawsuit. The applicable scope of valid period for lawsuit is limit to petition, but not all petitions suit for valid period of law suit. The first part is about petition for creditor's rights. Normally, petition for creditor's rights is applicable for valid period of lawsuit, but there are exceptional cases such as the petition limited by public policy, some petitions which are simultaneous ones with some definite truth relation and legal relation when truth relation and legal relation still exists, this petition of creditor's rights normally can't be enforced or not suitable for enforcement. The second part is petition of property right. In terms of petition of property right, there are three theories and lawmaking cases, namely negative theory, affirmative theory and eclecticism. The author holds the view that the petition of returning protoplast due to being trespassed is mot suit for valid period, but unregistered property right is applicable for valid period. At present, under the circumstance of the absence of lawmaking for acquisition valid period, it temporarily stipulates that returning petition of unregistered property is suitable for valid period of lawsuit. It is also a makeshift. The petition of demanding repristination due to being destroyed applies with the valid period, but the ones for the sake of excluding or preventing harming is in another case. The third part is about petitions of habeas corpus. Among them, the ones of halting harming, rehab, eliminating influence are not applied with the valid period, while the one of demanding apologies can be applied with it. The one of requiring identity is not applied with the valid period. The fourth part is about petition of intellectual property. This one is not applied with valid period. The fifth part is the petition of demanding border upon. It is also not applied with valid period.Chapter three is the issue of valid period for invalid or being repealed civil acts. The first part is the issue of invalid civil acts, which mainly involves the petitions of returning property and repaying loses. In terms of their valid period, it refers to that how to calculate their valid period. In this case, we should take account that the obligees whether know or should know their interests being violated. So both of the date of judgment becoming effective by court and obligees judging invalid acts can be regarded as the beginning date of valid period. The second part is about the ones of being changed or repealed. Once those are repealed, the civil acts are regarded as invalid ones from very beginning. Also, the valid period for petition of returning property and repaying loses should be calculated in this way. If the obligee didn't execute their rights timely, the acts will be regarded as valid, also they are applying to valid period.The conclusion part sums up the whole thesis. The scope for valid period of lawsuit only limits to petition. Its concrete tagrgets comprise mostly petition of creditor's rights, partly property possession rights and demanding apologies.