The Prescription System Of Civil Law In Our Country

The prescription system is an important civil institution, civil prescription contains acquisitive prescription and extinctive prescription. The essence of the prescription system is to restrict civil rights , to keep the stabilization of social and property relations by legislation. Almost all the country in the world are attach importance to the legislation of the prescription, and they have set up a perfect prescription system. Extinctive prescription can be seen in The general principles of civil law and relative rules, but there are only several principle articles , and it's hard to manipulate. We can't find the acquisitive prescription in our legislation, the shortcoming bring about the insolubility so many contradiction in society.Traditional civil law countries draft detailed laws about prescription system., as the historical and pragmatic reason, we can find two paths in prescription system. The Unified legislation system, take France, Japan as represent ,formulate the acquisitive prescription and extinctive prescription in one chapter of the civil law, the separate legislation system, take Germany, Italy as represent ,set the acquisitive prescription in real law, the extinctive prescription is set in the general principles of civil law.In china , there is no acquisitive prescription in our legislation .we call the extinctive prescription as the limitation of legal proceedings, which is set in the general principles in The general principles of civil law. There are some defects on the scope of application , the beginning point of the prescriptive period ,the legal prescribed prescription period, and the legal reason of the prescription discontinuous. In our future legislation , we should learn the advance experience of legislation , clear about the pattern which our country's prescription system must cite, establish the acquisitive prescription system, and corresponding expansion limitation of legal proceedings applicable scope, explicit the beginning point of the prescriptive period, suitable extension about the legal prescribed prescription period , make specifically feasible stipulation on the legal reason of the prescription discontinuous, to consummate our prescription system.