Research On The Current Limitation System Of Lawsuit In China

The academic community generally believes that the statute of limitations originated from the Roman law more than 2,000 years ago.Later generations were an important part of the civil law.The countries constantly improved them in civil legislation,and divided the statute of limitations into the statute of limitations and the statute of limitations.The purpose of establishing a statute of limitations system is to respect the current legal order,and to protect the parties' time-making rights in order to avoid problems arising from the problem of proof of time.The purpose of statute of limitations is to maintain a stable market order and even social order,and to encourage and promote rights holders to exercise their rights in a timely manner.The statute of limitations system is a kind of restriction system.As an important means to restrict the exercise of civil rights through law,it needs to be established on the basis of sufficient argumentation in the field of civil law pursuing the "rights standard".China has defined the time limit for litigation through legal systems such as the General Principles of Civil Law.The General Principles of Civil Law is in the process of summarizing the statute of limitations.On the basis of the existing legislative experience of the injunction statute of limitations system,the General Principles of Civil Law has developed and improved the system and solved some of the legal conflicts.However,there are still problems of overall bias and practical operation needs to be strengthened.Therefore,further improving the current statute of limitations is an urgent problem to be solved in legislation and practice.Based on the above situation,this paper starts with the five parts and studies the current statute of limitations in China.The first part of this paper studies the background and significance of the statute of limitations system,analyzes the research status of the statute of limitations system at home and abroad,and combines the latest achievements of the current statute of limitations system in China to establish a framework for the statute of limitations system.The second part of this paper introduces the discussion of the study of the limitation system of lawsuits in China,the concept analysis method adopted,explains its nature,application and effectiveness,and studies the basic concepts of the limitation of action.In the third part,the legislative status of the current statute of limitations system in China is elaborated from two aspects.The first aspect is to start from the improvement of the statute of limitations in China compared with the previous system,from the use of the right of defense,the determination of the statute of limitations,the right to request,the standardization of the statute of limitations,etc.The second aspect is to analyze the five inadequacies such as the incomplete system type,the inappropriate application standard of the starting point,the statute stop system and the imperfect time-breaking system,and the specific scope of application.And some legal issues apply.The fourth part studies the basic provisions of the statute of limitations system for extraterritorial countries from the aspects of obtaining timeliness and eliminating the statute of limitations,and compares the similarities and differences,and finds some advanced legislative experience that can be used for reference in China's statute of limitations.The fifth part,for the shortcomings of the statute of limitations system listed in the third part,draws on the fourth part to learn from the legislation of extraterritorial countries,from the establishment of the statute of limitations system,the establishment of the standard of time limit,the improvement of the statute of limitations,and the improvement of the statute of limitations The five major directions of the lawsuit suspension system and the specific scope of application of time limit are to study the lawsuit limitation system,analyze the legal provisions and application issues,and put forward some suggestions for the improvement of the current lawsuit limitation system in China.In short,the author believes that China's future legislation should start with the inadequacies of the system,and draw on the advanced legislative experience of foreign countries,combined with the basic national conditions,the legislative direction of the statute of limitations,and contribute to the improvement of the statute of limitations in China.