The Ideals Of Creditor Protection's Perfection Under The Lawsuit Limitation System

Action limitation, since the Roman law era has been begun till now, is the one of traditional civil law systems. It has the value and function that differ from other section law systems and embodies the process of time of prescription and will take "restriction" of right and "uninhibited" effect of obligation.It is thus clear that, the result brought by action limitation is self-evident. Creditor's credits and debt exceeding the period of action prescription won't be adjusted by the law, this kind of right and duty will be placed in a free state,under which creditor's rights then becomes "naked rights" by Rechtstheorie. A great deal of existence of "naked rights" won't conducive to the succor and realization of right and influences normal bargain order and is hindrance to the stability and development of national economy. Its causes are that, the subjective awareness of the right consciousness of the party isn't high, the main objective of China's legislation on action limitation's setting isn't scientific enough, such as China's The general rule of the civil law of 135th stipulates the limitation period is "two years". The practice is quite different from traditional civil law countries to result in a great deal of "naked rights" existing in our real life. Therefore, the paper consists of measures in the like of comparative jurisprudence and begriffs jurisprudence, emphasizing on impacts of the difference of cultural background imposing on specific mechanism, effectively analyzing on the value of limitation of actions and objective, to spare no effort to gain the legitimacy whereby the balance among multi-values such as the supervision and punishment, evidence manifestation, order and safety. This paper also proposes the actual necessity when the right of recovering transformed to the right of defense on the basis of current action limitation of "extinguishment of right to win a lawsuit", meanwhile, putting forward the practical and feasible remedy to the illness caused by the "naked rights".