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我国诉讼时效期间设置的根本性缺陷与制度重构-诉讼时效基本理论的反思与我国诉讼时效立法的重新选择(之五)

魏盛礼-2006-12-05
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TL;DRAbstract

There are many defects in our limitation of action system, which includs too short general limitation, aggravated defect short limitation, limitation length object to judicial confirmation and Indeterminate quality of longest limitation. The reasons causing these defects are from misunderstanding of theory of limitation and transplant of limitation of action from Russia. If we want to construct scientific limitation system, we should debase on limitation's foundation of detecting debt credit, and construct general limitation ,long limitation and the longest limitation in light of the principle separating civil credit right and commercial credit right, general civil credit right and special civil credit right. In the end, we must abolish short limitation and limitation length to keep judicial confirmation.

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There are many defects in our limitation of action system, which includs too short general limitation, aggravated defect short limitation, limitation length object to judicial confirmation and Indeterminate quality of longest limitation. The reasons causing these defects are from misunderstanding of theory of limitation and transplant of limitation of action from Russia. If we want to construct scientific limitation system, we should debase on limitation's foundation of detecting debt credit, and construct general limitation ,long limitation and the longest limitation in light of the principle separating civil credit right and commercial credit right, general civil credit right and special civil credit right. In the end, we must abolish short limitation and limitation length to keep judicial confirmation.

Keywords

Construct (python library)Civil procedureDebtAction (physics)Quality (philosophy)LawLaw and economicsObject (grammar)

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