The Study Of The Limitation Of Actions Period Settings

Limitation of actions has a long history of the basic civil law system,its essence is to promote the right of the right holders and safeguard the public interest and public order.It has been stipulated in our country law for 2 years and now it is 3 years.Many scholars oppose this provision.They think that the Limitation of actions is two years is too short,which is not conducive to safeguarding the interests of creditors,wasting limited judicial resources.Through the historical investigation of the limitation of actions and the research of jurisprudence,this article analyzes the problems in practice,explore the influence factors of the limitation of actions period settings,and discussed in accordance with our latest regulations.Therefore,this article mainly through several parts to study the limitation of actions.The main research idea is as follow:The first part is the basic theory of the limitation of actions,which mainly discusses the origin and development of the statute of limitations of ordinary litigation.From the analysis of terms of "limitation of action" and " negative prescription ",a to the evolution of the limitation of action system in foreign law.At the same time,makes a research on the ancient Chinese legal system,the relevant provisions of the limitation of actions to understand the history of the limitation of actions.The second part is the jurisprudential analysis on the limitation of actions,starting from the necessity of the limitation of actions,then discussing the purpose of the limitation of actions,and study on the purpose of limitation of actions in foreign law.Finally analyzes and rethinks the purpose of ordinary litigation in our country.The third part is the regulations and analysis of the limitation of ordinary lawsuits in various countries and regions outside the domain.Through the study of extraterritorial related legislation,it provides some new ideas for the development of the theory of limitation of ordinary litigation in our country.The fourth part is the relevant provisions and research on the limitation of ordinary lawsuits in China.First,discussing the academic debate,then investigate that relevant factor that need to be taken into consideration in our country.Finally,study the content of the latest laws in our country,looking forward to the development of theperiod of limitation of actions.