The Prescription Barriers Mechanism Of China

Prescription barrier mechanism has always been the edge of the field of civil law study. The limitation of our imperfect legislation, making the operation of Prescription barrier mechanism in the real world is not strong. Supreme People's Court issued a judicial interpretation in 2008 on prescription, half of which was about the prescription barrier mechanism, and made the mechanism more noticeable. How to understand the barriers for Prescription? What specific content does it contain? Is the judicial interpretation inadequate? This paper lay out the mechanism of Chinese prescription barriers to the picture.This paper argues that the statute of prescription barrier mechanism in China, which though still have many inadequacies, but the very own characteristics of it, which born in the process of transplanting Western legal into Chinese judicial practice, is valuable. In this article, the writer manages to conduct a comprehensive study of the mechanism, by using the methods containing value analysis, comparative study of laws, and the empirical research.This paper is divided into five parts, the first approach to value analysis, discussing the legal value of prescription barriers mechanism, showing two kinds of values of the mechanism: at the system level, as part of prescription system, the value of the mechanism is in line with the prescription value. China is taking the efficiency and the diversification of the value of the order of equal importance. In the mechanism level, it's more important to uphold justice and fairness to amend the limitation of basically value caused by the prescription system.The second section describes the structure of prescription barrier mechanism, introduce legislations of prescription barriers mechanism of other nations, explain some concepts, liking discontinuance of prescription, suspension of prescription, extension of prescription and analysis their differences.Part III, Part IV and V of this paper studied the interruption of prescription, suspension of prescription and extension of prescription of china respectively. There are obstacles of existing legislation, combined with the concept of law and judicial practice, the purpose of the provisions, and a comparison with the legislation of other countries, the writer provides some suggestion for the legislation reforming.