On The Application Of Limitation In Legal Proceedings

The influence of civil litigation conduct to the system of litigation period is impersonality. Civil litigation conducts are regulated by civil procedural law. Some litigation conducts leads to the result of both civil procedural law and substantial law. For example, the pleading of plaintiffs will bring the legal effect of the break of the litigation period. As for the effect of the end of litigation period, the deraignment action of the defendants will get a time advantage in substantial law when the theory "deraignment right of the obligors" is accepted. However, when the court accept the theory "elimination of recover right" and quote the litigation period system initiatively, the litigation claims from the plaintiffs will be refused by the court for the reason of the end of litigation period.The system of litigation period, succeeded by western capitalist countries, comes of ancient Roman law and has become a very important system in civil law. Litigation period consist in the civil substantial law, and it has a close relation with civil procedural law. The influence of civil litigation conduct to the system of litigation period is impersonality. Civil litigation conducts are regulated by civil procedural law. Some litigation conducts leads to the result of both civil procedural law and substantial law. For example, the pleading of plaintiffs will bring the legal effect of the break of the litigation period. As for the effect of the end of litigation period, the deraignment action of the defendants will get a time advantage in substantial law when the theory "deraignment right of the obligors" is accepted. However, when the court accept the theory "elimination of recover right" and quote the litigation period system initiatively, the litigation claims from the plaintiffs will be refused by the court for the reason of the end of litigation period. By comparing, concluding and analyzing the correspondent research on this topic from home and broad. This paper has probed into the following hot problems: the effects of sorts and models of litigation to the range of litigation period, to the legal effects of the end of litigation period, when to calculate the beginning of litigation period under different circumstances, the reasons of the break of litigation period, and procedural law. This paper has also raised some suggestions to modify Chinese current litigation system.