China’s Law System Of Limitation Of Action Research

The system of limitation of action from the first in Rome, such a system in some countries or regions are called extinctive prescription, while in our country it is known as the limitation of action. In the law of creditor’s rights in the system of limitation of action in order to avoid setting because the rights of the dormant state led to civil legal relationship is unstable and against civil subject in civil activities or increase transaction costs, resulting in social and economic activities of stagnation and waste of resources. Because once the expiration of the limitation period, the people’s courts of the people’s rights are no longer force protection, on the rights and obligations of the parties will have a significant impact, both in the legislation and the judicial system are the major significance and has aroused widespread attention.Long-term since, creditor’s rights law in the system of limitation of action and our country thousands of years of claims no period of idea contradiction. The characteristic of our country national condition also decided in our country the system must have their own characteristics and can not blindly follow the foreign legislative experience. The law of creditor’s rights in the system of limitation of action should not be able to escape debt debtor legitimate reasons, can not blindly pursue the creditors’rights protection without constraints. Proper coordination of the interests of creditor and debtor relationship between public interest and private interest, so that in the equilibrium is China’s law system of limitation of action point. In addition, how in practice to make the creditor’s rights law in other system coordinate correctly applying also is the issue that needs serious research.The purpose of this study is to explore the law of creditor’s rights in our country, the system of limitation of action in the legislative and judicial problems, whether it should learn from and follow the popular trend of legislation in our country, and how to modify the law of creditor’s rights in the system of limitation of action. From China’s law system of limitation of action in the beginning, the system as a consequence of affected parties rights and obligations are concerned. Although the system is in our country to learn from foreign legal product, but from the beginning of the establishment of the still is different from foreign is unique. Along with the development of society, especially economic activities become increasingly diverse and complicated, people pay more and more attention to the system of limitation of action in the creditor’s rights in the field of influence.In this paper, through the analysis of the law of creditor’s rights in the system of limitation of action differs from other prescription system of special development process, value and contrast of the system in other countries in the world legislation characteristics, combined with China’s current legislation and practical law enforcement in existence and the problems encountered, based on the basic principle of civil law jurisprudence and the justice and equality principle, put forward to should of the current system are recommended changes, the most essential is from a legislative perspective on balance the interests of all parties, the state public power and private right should not enter the interference areas on the basis of appropriate to the public interest in the system in the future to tilt, revision and the consummation to coordinate the interests of creditors and debtors perspective, balancing public interest and private interest, while learning the advanced legislative experience.I read a large number of relevant documents at home and abroad, combining theory and practice method to China’s law system of limitation of action in legislative and judicial problems with other systems in the presence of conflict analysis. From our country the system development process combined with the unique world of legislation and administration of justice to solve these problems, that China’s law litigation problem solving method and the main principles. Through the use of inductive analysis, comparative analysis and Law Hermeneutics and other methods to study China’s law system of limitation of action, put forward legislative proposals.