Problems In The System Of Limitation Of Action For Personal Injury Compensation And Its Perfection

The right to life and health is the most basic human right of a citizen,and the right to claim compensation for personal injury arising from the infringement of the obligor is the remedy to the basic human rights.The system of limitation of action has sprouted in ancient China,but the modern system design basically belongs to foreign goods,in addition,because of the appearance contrary to the traditional moral culture,the ordinary people have some obstacles to its acceptance and understanding.The main value of the limitation system of personal injury compensation is fairaess and justice and the protection of human rights.There is a certain deviation from the function of seeking efficiency and stabilizing social order.To design the statute of limitations system for personal injury compensation requires us to achieve efficiency and fairaess,human rights protection and the organic unity of stable social order.General principles of Civil Law of the people's Republic of China(hereinafter referred to as "General provisions of Civil Law")raise the limitation of action for personal injury compensation to three years,which is the progress of legislation.However,there are still some problems,such as unclear scope of application,short limitation period and difficulty in operation.Through comparative analysis and practical considerations,this paper puts forward some suggestions for further perfecting the limitation system of personal injury compensation.The first chapter is the question,mainly introduces the origin of the problem,the current situation.The second chapter investigates the current legislative situation of the statute of limitations for personal injury compensation in our country,and points out that the limitation period of personal injury compensation is relatively short,the efficiency is first,and the limitation period is not fair.It provides the opportunity for the infringer to evade the responsibility;the inversion of the special law and the general law;and the scope of application of the limitation of action for personal injury should be further clarified.There are some problems in prescription calculation,such as too abstract,inexact logic,inconsistent legislation,difficult practice and so on.The third chapter puts forward some suggestions on the perfection of the limitation system of personal injury compensation in our country.It is believed that the principle of justice,the principle of benefit and the principle of order should be adhered to in perfecting the limitation system of personal injury compensation.It is also suggested that China should adopt the special limitation period of 10 years,cancel the longest limitation period,and adopt the rule of”from the time when the right owner can exercise the right".Chapter five applies to the limitation of action of personal injury compensation when the liability of breach of contract and tort is concurrent,the limitation of action of compensation for personal injury when the civil liability and criminal liability converge,the limitation of action of sexual infringement on the minor,Limitation of action,etc.,for compensation for potential personal injury The special circumstances of limitation of action for personal injury compensation are analyzed.