Study On The Cause Of The Interruption Of The Limitation Of Action

There are many problems that can not be solved when we apply the limitation of action in judicial practice.These problems mainly include: one party sends a "letter of account" to another party,whether the limitation of action is interrupted;The appeals of the parties to the administrative organs can lead the interruption of the limitation of action or not;After the expiration of the limitation period of the lawsuit,the obligor agrees to perform the obligation which can cause the effect of the interruption of the limitation of action or not;When the prosecution is ruled inadmissible or rejected,and After the litigant has prosecuted then withdraws the lawsuit,whether the limitation of action is interrupted or not;Criminal judicial procedure intervention can lead the interruption of the limitation of action which is from judicial interpretation is reasonable or not,and so on.Through the exploration of the origin and historical development of the system of limitation of action,analyzes its legislative purpose,bases on its legislative original intention and value choice,compares the legislative provisions on the interruption cause of the limitation of action in other jurisdictions,analyzes the various problems in the application of the case of limitation of action in our country,find out the shortcomings and defects of the legislative provisions of the interruption of the limitation of action in our country,bases on the national conditions at the present stage of our country and the traditional legal culture tradition and customs and people's feelings,obtains the suggestions on perfecting the legislation for the interruption of limitation of action in our country,that is:(1)to include the acts of "requesting" the obligor to perform their obligations into the "request" such interruption;(2)change the "obligor's consent to perform the obligation" to "the obligor acknowledges the rights of the obligee ";(3)lists prosecutions which are ruled inadmissible or rejected as a kind of the cause of the suspension of the limitation of action;(4)stipulates that the withdrawal of the prosecution after the prosecution can not cause the interruption of the limitation of action;(5)the intervention of criminal judicial procedures should not be prescribed as a cause for interruption of limitation of action.It is hoped that the research in this paper can make some contribution to the perfection of the system of limitation of limitation of action in in our country.