The Expiry Of The Limitation Of Actions Of The Effectiveness Of Research

limitation of prosecutions, with an alias of negative prescription, was firstly from Roman law. It is quite conspicuous in the civil legal system. As an old civil legal system, it comes with sufficient academic researches. Civil legal jurists focus on the issue of extinctive prescription, which is regarded as a core issue. Up to now, the matured theories and legislative practices are as following: Four theories about extinctive prescription; extinction of prescription's impact on security interest, such as creditors' ability to obtain collateral after maturity of limitation of prosecutions in some courtiers; The relationship between counteraction and extinctive prescription. Although the above academic researches and legal practice have been tested by time ,the author found there are some serious problems existing after a close study of them.The article is divided into four parts.Part I: It overviews "General Surveys" , which is composed of four doctrines: extinction of subjective right, extinction of claim right, extinction of winning a lawsuit right and occurrence of right to counterargument. After studying the legislative practices the author found that those commonly accepted theories are with truly common mistakes. So this part is trying to analyze these theories based on logic and legislation. The logical analysis goes both macro and micro layers. The former analysis points out that there is something wrong with the logic division of the four major theories. When we are looking at these theories we will see, although they are called something theories, logically they are problem oriented. The standard for indentifying these theories is different, the former three is when the maturity of the prescription comes which rights end, While the last one is based on the duration of the prescription. The party first gets the right to defense according to the extinction of prescription ,then he is free to choose to run or abandon. Only if the party apply for applies for extinction of prescription is the rights' type is meaningful. So the former three theories are logically different from the last one. There are even logical errors in the division of the former three theories. Extinction of claim right essentially consists of two kinds of extinction, right of action and right to win a lawsuit. The...