Research On Limitation Suspension System In China

Civil Litigation System,an ancient civil legal system,is a very important part in civil law of our country and plays an important role in the establishment to maintain the social stability,wherein the Limitation Suspension System is its sufficient concept,which decides whether the people can pursue their legitimate rights and interests in reasonable prescription period.With the improvement of people's living standard and continuous development of economy in recent years,some problems about litigation limitation suspension system in"General Principles of Civil Law"(the followings are as "General Principles" for short)have exposed.In October 2017,the "General Provisions of Civil Law"(the followings are as"General Provisions" for short)came out to amend the prescription suspension system.The formulation of the general principles not only started the pace of the civil code,but also became the core part of the civil code.It also boosted the improvement of the legal system.However,the Limitation Suspension System is still needed to be optimized by planting our feet solidly on our national conditions and the characteristics of judical practice.Therefore,this paper takes the theory as its staring point to solve the flaws of legislation and practice problems in the existing Limitation Suspension System,such as the supplementation of the Limitation Suspension Cause,the improvement of the remaining time limitation and defining the contents of prior statutory causes.The main body of the article is divided into four parts:the value of Limitation Suspension System,the deficiency of Limitation Suspension System legislation in China,the insufficiency of Limitation Suspension System practice in China and the perfection of Limitation Suspension System.The first part starts from the constituent elements of the Limitation Suspension System,and then leads to the concepts of the Limitation Suspension.The value of Limitation Suspension System is analyzed form the views of freedom,fairness,efficiency and orders,after that the importance of the Limitation Suspension System can be highlighted.The second part combines with the legislative evolution of the Limitation Suspension System in China,then affirms its improvement,and then leads to the possible shortcomings of the system.The main contents of the Limitation Suspension contain the statutory causes and the calculation of the remaining time after the termination of an event.For example,the legislatative defects are primarily the irrationality which the statute of limitations is not counted----the 190th new clause in the Civil Law,Combined with the possible situations in the reality,I propose that the new clause can be still applied to Limitation Suspension Systemin some certain cases,though the statute of limitations which is not counted dosen't belong to the concept of Limitation Suspension System.After the describing the termination of suspension causes and the lack in calculation in the remaining period,the possible problems in the remaining period can be pointed out by comparing the connection and the difference between the Limitation Suspension and Limitation Nonfulfillment.The third part is to discuss the problems in the practice of Limitation Suspension System.For example,the problems should be paid attention in bahavioral disability and heritage obstacle;different views on tanking conjugal relation as the suspension cause by comparing the theory and actual practice,that is from the point of the possibility and necessary of taking conjugal relation as the suspension cause,conjugal relation should be in the suspension cause of juridical practice.The fourth part,continuing from the preceding paragraph,puts forward the legislative proposals corresponding to the second,third chapter and the better application of the current judicial interpretation.The limitation suspension and limitation nonfulfillment are proposed to stipulate at the same time,and new suspension nonfulfillment deadline also should be suggested for that there are deficiencies in remaining time after limitation suspension cause dies out.For the reason that the conjugal relation is not fitted into the judicial practice and legislation,the conjugal relation should be taken in to the limtation suspension causes.