On The Prescription Barriers Mechanism

As the important system of the modern civil legislation, the aim of Limitation System is neither to limit holder to exercise their rights, nor to encourage obligor malicious escape debt to perform, but only to protect the obligor who should not to perform the obligations, to reduce the real life malicious rights disputes of generation and to maintain social stability. The Prescription Barriers Mechanism is the counter spell of their own value system under conflicting interests, and social fairness and justice philosophy is theoretical root of the Prescription Barriers Mechanism. The modern civil legislation mostly stipulates the Interruption of Prescription, Suspension of Prescription and Extension of Prescription. The Interruption of Prescription, Suspension of Prescription and Extension of Prescription all have a common function setting and external effect, which is to exclude the positive exercise their rights and the force majeure outside Limitation System, and to make limitation elements limit in the occasion that holder subjectively would not to exercise their rights in order to improve the limitation of value and safeguard the lawful rights and interests of the right holder. In view of the importance of the Prescription Barriers Mechanism, and the insufficient of legislation, judicature and academic researches, 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 with the theoretical foundation as the starting point, and provides some suggestion for the legislation reforming with the predecessors'achievements and foreign advanced experience in legislation.The main part of this paper is divided into four parts, including Theoretical Basis of the Prescription Barriers Mechanism, Litigation Limitation Suspension and Uncompleted Litigation, Litigation Interruption and Litigation Extension.In Part One, with the analysis of the legitimacy of limitation system and its reflection, it is sure that the Prescription Barriers Mechanism is the counter spell of their own value system under conflicting interests, and social fairness and justice philosophy is theoretical root of the Prescription Barriers Mechanism.In Part Two, with the analysis of differences and linkages between the Limitation Suspension and Uncompleted Litigation, it introduces the characteristics and the main problems of Chinese Limitation Suspension. Compared with the Germany and Taiwan civil law legislation, it gives some improvement suggestions of Limitation Suspension and Uncompleted Litigation.In Part Three, with the analysis of the Summary of Litigation Interruption and the characteristics and the main problems of Chinese Limitation Suspension, compared with the Germany and Taiwan civil law legislation, it gives some improvement suggestions of Litigation Interruption from the conflicts of General Principles of Civil Law and Civil Procedure Law.In Part Four, with the analysis of the Summary of Litigation Extension and the characteristics and the main problems of Chinese Litigation Extension. Compared with the Soviet Union and Britain civil law legislation, it gives some improvement suggestions of Litigation Extension from its application and scope.