The Research On Legal System Of The Discontinuance Of Action Limitation

The law system of Limitation of action is an important system, and is directly related to civil rights whice can be whether or not protected by law. With the development of market economy, profound changes in social life, its raison d’etre limitation system has gone far beyond its traditional meaning and have a deeper value, but also led to the research scholars, debate and discussion.In the first part of this paper starts from the concept of litigation prescription system, interruption of prescription system leads to the interruption of prescription system, illustrates the value of existence, and introduces its basic characteristics. By using the method of comparison research, comparing the continental law, Anglo-American law system and legislation in our country for the interruption of prescription system difference between the relevant provisions, which leads to some specific problems of interrupt system for litigation of our country in the legislative limitation.The second part introduces the first part according to the legislation, the limitation of action from the legal provisions interrupt refines worth thinking and research problems in the matter, and discussed, which to our country the limitation interrupt four specific concept subject theoretically introduced and discussed, including: action after expansion explanation and withdrawal, was ruled inadmissible or dismiss a prosecution, right of claim, the right to claim a section on the rights of claim should reach the obligor and the right way to do further studyThe third part according to the related research the preamble to the interruption of prescription system, and points out the shortcomings of the legislation of our country, and combining the above discussion, put forward the legislative suggestion. In addition, due to the limitation of action to the starting point to determine the legislation is too general, easily cause differences in the application of the law in effect, judicial authority, this part in view of the reasons caused interruption of prescription after determining the starting point to date detailed classification study, according to the specific situation gives its own suggestion of legislative perfection, the three kinds of situations including human rights:the lawsuit caused by interruption of prescription, right right caused by the interruption of prescription, who promises to perform obligations caused by interruption of prescription.