Legal Consequences Of Statute Of Limitations Of Withdrawal

According to Article 140 of the General Principles of Civil Law,the prosecution,the request and the consent constitute the three reasons for the interruption of the ststute of limitation in our country.When the obligee withdraw the proceeding,the statute of limitation which had been interrupted by the behavior of litigation would no longer interrupted any more,since withdrawal is deemed to never prosecute,and it expresses the negative will of the obligee.However,if the court has sent a copy of the pleadings to the defendant at the time of the withdrawal of the plaintiff,the ststute of limitation should be interrupted,as a result of the application of the cause of request,due to the request effect that posessed by the pleadings to the defendant itself.In this case,the confirmation of the validity of the interruption of statute of limitation is not only consistent with the rules of the provisions of the current law that requests can lead to disruptions of the ststute of limitation,but also conforms to the expansionary trend of the reason for the interruption of the statute of limitations in China.