On The Limitation Of Action System And Improve Legislation

Originated from the Ancient Roman Law, Limitation of Action System is a civil law with long history, but also an important part of China's Civil Law. Since 1986, when the first Limitation of Action System was defined in the "General Principles of the Civil Law of the People's Republic of China", it has been one of the virtual research subjects in academic circles. Twenty years of judicial practice has also fully proved that the Limitation of Action System plays a very important role in public interests, social stability and economic development. However, with the theoretical research went deeper and judicial practice carried out in a larger scale, we have to acknowledge that there are some deficiency in our existing Limitation of Action System, for example, many rules are too principled, or vague, to practice; there are still some gaps in the legislation, which results in great disagreement in civil trials. With the development of our social and economic system, the current Limitation of Action System of Civil Law is apparently unsuitable to the new situation. Thus, there is an eager call for its further reform and improvement.Therefore, I wrote this paper. In the paper, I use empirical analysis and comparative methods to analyze the basic theory of the Limitation of Action System in-depth, and compare advanced foreign legislative experience with our existing system to put forward some new conception about the Limitation of Action System of Civil Law. The paper includes 5 chapters. The first chapter introduces the origin, development and intention of the Limitation of Action separately. From chapter 2 to chapter 5, I introduce and analyze items like sphere of application, term and type, obstacle just like suspension, interruption, extension, efficacy and so on, and finally offer some relative legislative suggestion.