An Analysis Of The Legitimacy Of The System Of Limitation Of Action In China

The system of limitation of action is a basic civil system that sets a temporal limitation on the claims of the obligee by law.The running of time will cause an effect that the obligee will lose his right.The consequence of the system is so serious that we need to strictly analyze its legitimacy from the perspective of philosophy of law.Only in this way will the system be optimized and realized the goal of protecting the rights.The system of limitation of action in China comes from the Soviet legal tradition.and it has many problems that it is divorced from the current social reality,and can not solve social problems effectively,resulting in its lack of legitimacy in judicial practice.These defects are reflected in the following aspects:first,to urge the obligee to enforce his rights is not the justification of the system,but is only a consideration of the stability of the law,so it is very prudent to stipulate the system of limitation of action;secondly,the evidence function of the system of limitation of action in the procedure law is not the justification of the system,and it requires more strict justification for the relevant provisions.If the system of limitation of action lack justifiable sensitivity and sufficient respect for legitimacy in the balance of efficiency,security,fairness and justice,the justifiable basis of the specific norms of the system will be weak,and it is difficult to bear the value of torture,so it can not effectively play its positive role in resoling disputes and may cause negative impact.From the perspective of legitimacy,the problems of the system of limitation of action in our country are as follows:first,general limitation is too short and it is too strict for some obligee,so we should appropriately extend it according to the actual needs so as to better protect the rights of the obligee.Second,the norms of the general limitation are too strict,so we should loosen the relevant norms appropriately and respect the choice of the obligee.Therefore,while learning the advanced experience of foreign countries,we must pay attention to the use of traditional ideological resources to improve relevant norms.First of all,we should improve the value of the system of limitation of action in our country,not only lay emphasis on the formal norms of protecting rights,but also lay emphasis on the pursuit of substantive justice;not only carry out the principle of autonomy,but also enforce ours rights freely;and it is necessary to carry out legal transplantation and respect our country's traditions and habits.Secondly,we should amend some specific provisions of the limitation period system in our country.We should appropriately extend the general limitation period according to our conditions,and we must to acknowledge the validity of the agreement between the parties to change the general limitation period.