On The Applicable Scope Of The Limitation Of Action

The limitation of action system is the important part of the entire civil law system,while the applicable scope of the limitation of action is a fundamental issue in the limitation of action domain.If the problem can be properly resolved will directly affect the design of the limitation of action system in theoretic rationality,which not only involves the effectiveness of protection of the rights of the parties,but related to the implementation of legal value and the maintenance of the spirit of fairness and justice.Based on the research of the the applicable scope of the limitation of action,the article is hoped to play a positive role in perfecting the the applicable scope of the limitation system.The article is divided into four parts.PartⅠ:The theory consideration of the applicable scope of the limitation of action. Through the distinction between concepts, the article define connotation and extension of the applicable scope of the limitation,and analyze its research significance from the theoretical and practical aspects.which is achieving the purpose of maintaining the balance of law interests of limitation of action.PartⅡ:The typical legislative models and the analysis.It describe the typical legislative models,including the creditor's rights pattern,claims and property rights other than ownership pattern,right to appeal pattern and claim pattern.Though the analysis on the causes and the effect of the limitation of action,it conclues that the object in various different legislative models in judicial practice is the same ,all for the claim.PartⅢ:The specific analysis on the applicable scope of the limitation.It analyzes the theory basis of the claim as the applicable scope of the limitation from its origin,character and function,and the reasons that others rights are not applicable to the limitation of action. According to claim arising different basic rights,the article analyzes the four rights'application.Moreover,some special claims should be excluded the applicable scope of the limitation. PartⅣ:The legislative investigation of the the applicable scope of the limitation in our country and its perfection.Analyzing and evaluating the legislation and improvement recommendations are made accordingly.