Research On The System Of Limitation Period Of Litigation

The limitation period of litigation is the basic system of statute of limitations,and it is the basis of the construction of statute of limitations.The determination of the period of statute of limitations has significant implications for both civil legislation and civil justice.It not only concerns the integrity of the statute of limitations system.Also related to the increase or decrease of the rights and interests of the parties.The "General Principles of Civil Law",based on the "General Principles of Civil Law",acquainted the consensus of the academic community and made legislative amendments to the limitation period of litigation.After the implementation of the "General Principles of Civil Law",the interpretation and application of "General Principles of Civil Law" has become an important task for civil law scholars.After the revision of legislation in the period of limitation of litigation,it has a huge impact on the system of existing lawsuits during the statute of limitation period.The solution to the problem of the application of laws during the limitation period of the lawsuit and the retroactivity of the period of limitations have already been placed before the judicial referees and legal practitioners.Urgently resolved important legal issues.This article starts with the legislative revision of the statute of limitations,combines academic theories,extraterritorial experience,etc.,to conduct an in-depth study of the statute of limitations period and its judicial application,with a view to providing rules for the interpretation and application of the statute of limitations.This article is divided into six parts:The first part,the influencing factors of setting period of lawsuit.The value orientation of statute of limitations,the constitution factors of statute of limitations,and the social and cultural factors are important factors in the setting of statute of limitations.The value orientation of statute of limitations,constituent elements of statute of limitations,and socio-cultural factors play an important role in the legislative setting during the statute oflimitation period,and it also has an important influence on the application of laws during the limitation period of the statute and the resolution of statute of limitations.The second part is the comparative law observation during the limitation period.Civil law countries and common law countries have differences in the setting of statute of limitations.Most civil law countries distinguish between the right to request for contract and the right to request for infringement.They set the period of limitation of ordinary litigation,and have a long period of time,and often use an objective mode of calculation.In the setting of a special litigation period,the complexity of the period of limitation is complicated and the features of progressiveness and diminishing are presented..Anglo-American law countries set different time periods depending on the cause of action.The third part is the legislative changes during the limitation period.Prior to the promulgation of the “General Principles of Civil Law”,the legal provisions during the limitation period of litigation were criticized,and legislative amendments were necessary during the limitation period.The codification of the civil code has ushered in an opportunity for legislative amendments during the limitation period.In the process of drafting the“General Principles of Civil Law”,extending the limitation period of common lawsuits became a consensus of legislation.On the basis of legislative disputes,the legislature finally determined the limitation period of three years of ordinary lawsuits.The provisions of the period are in line with the statute of limitations on time for action and China’s Social culture and coordination with the elements of litigation limitation are fair and feasible.The provisions of the current law during the statute of limitation period in China can be categorized as the limitation period for common litigation,the limitation period for special litigation,and the limitation period for longest litigation.The provisions of the “General Principles of Civil Law” that lead to the limitation period for litigation will change.The fourth part is the study of the application of laws during the limitation period.After the implementation of the "General Principles of the Civil Law," the new law and the old law,the general law and the special law have overlapped and co-occurrence with the provisions ofthe limitation period,resulting in conflict of laws.The application of law during the limitation period should be coordinated and resolved according to the principles of "new law is superior to old law" and "special law is superior to general law".Specifically,during the limitation period of ordinary lawsuits,the three-year limitation period as stipulated in the “General Principles of Civil Law” should be applied;the one-year short-term limitation period as prescribed in the “General Principles of Civil Law” and the two-year limitation period as stipulated in the Civil Law of Individuals during the limitation period of special lawsuits.The fifth part is the study of the retroactivity of the limitation period.It is of great significance whether the limitation period for the three-year limitation period stipulated in the“General Principles of the Civil Law” can be retrospectively applied.The retrospective period of the three-year limitation period set forth in the “General Principles of the Civil Law”should adopt the three-year limitation period as stipulated in the “General Principles of the Civil Law”.Some retrospective views were resolved,namely,the limitation period of the three-year ordinary lawsuit stipulated in the “General Principles of the Civil Law” was retroactive to the situation where the time limit for the action on the date of implementation of the “General Principles of the Civil Code” had not expired,and did not have the effect on the case where the statute of limitations had expired.Retroactivity.The sixth part is the conclusion.The “General Principles of Civil Law” has legislative amendments to the period of limitation of litigation,which is in line with the value orientation of the statute of limitations,the constitutive factors of the limitation of actions,and the social culture of our country and deserves praise.After the “General Principles of Civil Law”amended the lawsuit during the limitation period,the issue of the application of the limitation period should be solved according to the principles of “the new law is superior to the old law”and “the special law is superior to the general law”.The issue of retroactivity in the limitation period prescribed in the “General Principles of Civil Law” should adopt a partial tracing model.