The Object Of Limitation Of Actions In China

The object of limitation of action is an important content within the limitation of action system, it directly relate to what rights can be protect by the civil law. The legislation and theory about the object of limitation of action in our country, exists many imperfect places, against the original intention that the traditional civil law establishes the limitation of action system, also results in the laws disaccordance with the morals, decreases the existent value of this system. To this, needs to perfect the legislation, drawing lessons from the legislation experience of the abroad and combine the material circumstances of our country, from the ideas about the legislation of the abroad, and the reasonableness about the historical origins of the object, the reality of the object, the extermination of the object, the relation of the object and so on.This text is divided into five parts totally:The first part is a question statement. During study in the object, we can hold that the object is the claim right, or the lawsuit right, or the recovering right, or the entity lawsuit right, or the plea right, according to the existing laws of our country, therefore, when the limitation of action period has been expired, there are four kinds of lawmaking example about the effectiveness of the limitation of action: the entity right extermination doctrine, the lawsuit right extermination doctrine, the recovering right extermination doctrine and the deraignment right occurrence doctrine. This disorder not only decrease the existent value of the limitation of action system, but also directly lead to conflicts about the idea in limitation of action and method of calculation in limitation of action period. Must solve the above a series of problems, had to be clear about the limitation of action first the object, the object has been clear, could the defined limitation of action concept, be able to cause limitation of action period the design was more perfect.The second part is the summary about object. It is not identical in concept of the limitation of action object in the current theory of civil law, but we can sum up in several questions on the object: firstly, the object is right which is close ties with a certain time and which can be die off; secondly, the object is only a certain right that can be die off if obligee neglects to operate his right during a time, but not a object which is antagonistic to a subject; thirdly, the right is not a nature right, but a right which comes from some civil liability and which is explicitly formulated by laws to remedy the loss of victim; fourthly, the object can not be divided, and it can be fully lost at one time. According to these general characters, from analyses of all countries legislations, we gradually confirm that the object is the entity lawsuit right in the course of use and perfect.The third part is a study on reasonableness that the object is entity lawsuit right. The entity lawsuit right and the procedure lawsuit right are exist in the theory of lawsuit right, the object limitation of action is the entity lawsuit right, for the following reasons: first, there isn't the claim right in form and content at the time of the lawsuit right comes into being, and the limitation of action system imposes restrictions on the lawsuit right all the time; next, the entity lawsuit right is the reality existence, there is a certain link between the civil law and the procedural law, the link is the entity lawsuit right. The procedure lawsuit right is the entity lawsuit right realization way and the way, the entity lawsuit right is the procedure lawsuit right goal and the significance, the entity lawsuit right for the right protection form, the procedure lawsuit right is the lawsuit establishment important document, carries on the lawsuit for the protection goal is the entity lawsuit right and characteristic of the procedure lawsuit right relations; Once more, the entity lawsuit right has the characteristic which may eliminate, compares with it, the claim right does not have such characteristic, the entity lawsuit right to conform to its value and the goal as the limitation of action object; Finally, in the usual situation, between each right all has one kind of position step relations, between the order inherits mutually, relates closely with the limitation of action system is the entity lawsuit right, but like the claim right needs to wait till the entity lawsuit right to satisfy can obtain the attention. Like this favors to the litigant rights and interests protection.The fourth part is the influence of the object is the entity lawsuit right on theory and the legislation of our country. The limitation of action object is clear about after the entity lawsuit right, the most obvious influence is that it promulgated the present effectiveness legislation concept not to be unscientific, as well as carefully examined and makes the conclusion to the length of the limitation of action period. In the theory and in the practice we can discriminate between the limitation of action and the extinction prescription, they have the different existence value. In the effectiveness period aspect, two kind of effectiveness systems also have different effectiveness period, their computing mode and starts the prerequisite essential factor which calculates not to be also same, from this discrimination, the current limitation of action period has been affirmed.The fifth part is a conclusion. The value of the limitation of action system is that it pays great attention to both efficiency and fairly. This request is clear about the effectiveness system object promptly, causes the civil law the protection to be more explicit to the citizen, more concrete, more economical practical. The limitation of action object stipulation is the entity lawsuit right, because, the elimination of the entity lawsuit right can rapidly stable existing social economy order, to realize pursue of the civil law to efficiency. The extinction prescription object is the entity right and the claim right, in the actual legal execution, it pursues in the legislation value unceasingly fair, and realizes to the obligee rights and interests long time protection. So author makes many revision suggestions to the present civil law effectiveness system, by the effectiveness object change.