The significance of establishing the statute of limitations system lies in:
First of all, it is conducive to urging obligees to exercise their rights in time and maintain certain social relations. If the obligee can exercise his rights for a long time, the legal status of the obligor will be in an uncertain state for a long time, which will lead to the long-term inconsistency between the factual state and the legal state of social relations between the parties, which is not conducive to the establishment of new and definite social relations between the parties. Therefore, the law holds that everyone is the best judge and caregiver of his own interests. If the obligee does not care about his own interests but cares about them, it can be presumed that he has the intention to give up his interests. Then others have no obligation to care about and take care of their own interests, and the compulsory protection of their interests should be revoked.
Secondly, by urging obligees to exercise their rights in time, not only can the efficiency of using rights be improved, but also the utilization rate of economic resources can be improved. In addition, it is conducive to reducing litigation costs.
Why does the law stipulate the limitation of action?
Provisions on Several Issues Concerning the Application of the Limitation of Action System in the Trial of Civil Cases (hereinafter referred to as the Provisions) promulgated by the Supreme People's Court, China, weigh the legal value of the limitation of action system and the value of the principle of party autonomy. Autonomy of the will is one of the most important basic principles of civil law, and its essence lies in giving civil subjects the right of self-choice and self-determination. According to this principle, the parties have the freedom to exercise or not to exercise their rights. Once the factual behavior or legal behavior of the parties is trusted by the society for a long time or becomes the basis of other facts, it will inevitably endanger the life order and the safety of established transactions based on the factual state. At the same time, age will lead to the annihilation of evidence, and it is difficult for the parties to give evidence and the court to hear it. Even if the court can make a judgment under the burden of proof system, the judgment conclusion may not be consistent with the facts. Therefore, scholars generally believe that the principle of party autonomy should be partially restricted by establishing a mandatory statute of limitations system based on public interests. On the other hand, if we overemphasize the legality and compulsion of the limitation of action, or even let the court exercise this right instead of the parties, it will lead to excessive interference from public rights to private rights, thus undermining the basis of the principle of party autonomy. Therefore, on the one hand, the "Regulations" fully embodies the statutory mandatory characteristics of the statute of limitations system, stipulating that "the people's court will not recognize the parties who violate the legal provisions, agree to extend or shorten the statute of limitations, and give up the interests of the statute of limitations in advance." On the other hand, the provisions fully understand and respect the important position of the principle of autonomy of the will in the civil law system, and confirm that filing the defense of limitation of action is the right of the obligor and can be disposed of freely, but it does not give the court the right to interpret this aspect, thus balancing the legal value of the limitation of action system and the value of the principle of autonomy of the will. Secondly, this provision embodies the value of procedural stability. The value system of civil litigation includes not only the value of substantive justice, but also the mechanism of procedural justice. The value of procedural stability is one of the important manifestations of procedural justice. At the level of program operation, the realization of program stability value means the order, finality and irreversibility of the program. In the process of litigation, if we unilaterally pursue substantive justice or unilaterally allow the parties to repeat the proceedings according to their own free will, it will inevitably endanger and destroy the value of procedural stability. In the system of limitation of action, filing a defense of limitation of action may completely change the final result of the lawsuit, so the litigation stage that allows the parties to file a defense of limitation of action will have a great impact on the stability of the procedure. For this reason, Article 4 of the Regulations limits the litigation stage of the party's prescription defense to the first instance. Unless there is new evidence to prove that the other party's claim has expired during the second trial, the court will not support the prescription defense put forward during the second trial. In particular, if a party applies for retrial or raises a retrial defense on the grounds that the limitation period expires, the people's court will not support it. As far as this provision is concerned, procedural stability and procedural justice have become the priority value choices for legislators. Third, between the creditor's right of claim and the debtor's right of defense, the provisions tend to favor the former. As a legal system established by the two legal systems, the necessity of the statute of limitations system is beyond doubt. Judging from its purpose, the prescription system is an institutional choice that has to be made in pursuit of circulation efficiency. Therefore, it requires some creditors to transfer and sacrifice their legal rights for the public interest, which is also a legal measure against the debtor's breach of obligations. Based on the "evil" side of the value base of the limitation of action system, the legal interpreter should constantly guide this system to develop in the direction of people's concept of "goodness" within the scope permitted by law, that is, he should focus on protecting the rights of creditors and make explanations in favor of creditors. Therefore, Article 1 of the Regulations excludes several creditor's rights, such as "the right to pay the principal and interest of deposits, the right to pay the principal and interest of government bonds, financial bonds and corporate bonds issued to unspecified objects, and the right to pay capital contributions based on investment relations", from being subject to the statute of limitations, thus limiting the scope of application of the statute of limitations; Article 4 of the Regulations limits the exercise stage of the obligor's defense of limitation of action; When the "Regulations" involve the system of interruption and suspension of limitation of action aimed at protecting creditors, it does not violate if it can be understood as beneficial to both creditors and debtors. ......
Why should the statute of limitations be stipulated?
Avoid people who don't take their own affairs seriously.
Why is there a statute of limitations?
Time is too long, it is difficult to obtain evidence, and it is difficult to determine witnesses.
Why should the criminal law stipulate the limitation of prosecution?
First, the purpose of setting up the prescription system in criminal law is mainly to:
1. Save criminal justice resources. Because after a long time, the criminal evidence is likely to have been lost. In this case, criminal investigation, prosecution and trial may not only be futile, but also affect the prosecution of current crimes by judicial organs, thus forming a vicious circle, making a large number of current cases become "old cases" due to backlog and delay, reducing judicial efficiency and wasting judicial resources. The establishment of prescription system can free the judicial organs from the above passive situation, get rid of the entanglement of old cases, improve the efficiency of criminal justice and save criminal judicial resources;
2. Maintain the authority and dignity of the criminal law. Because the criminal prosecution of the old case is more likely to lead to the judicial organs "returning in vain", damage the dignity and authority of the criminal law, and hurt the public's legal feelings and legal beliefs, which is obviously not what legislators want to see;
3. Ensure the timely settlement of criminal cases. The timely termination of criminal proceedings is an independent value goal as important as the realization of substantive justice. In the most general sense, the purpose of establishing a criminal investigation system by the state is to ensure that conflicts of interest between individuals and between individuals and the state can be resolved in a peaceful and authoritative way. The existence of the limitation of prosecution system can urge criminal judicial organs to actively investigate the criminal responsibility of criminals, and urge criminal private prosecutors to accuse criminals in time, thus ensuring the timely closure of criminal cases;
4. Maintain the stability of social order. Those cases that have passed the statutory time limit and the perpetrator himself has not committed another crime show that the perpetrator's "personal danger" is not obvious and it is of little practical significance to investigate his criminal responsibility; For those cases where the gap between the private prosecutor and the criminal has been eliminated, "bringing up old scores" will only undermine the stable relationship between the parties;
5. Enhance the public's legal awareness. For those cases of private prosecution that fail to file a complaint within the statutory time limit, the reason why the case exceeds the statutory time limit for prosecution itself shows that the criminal private prosecutor is indifferent to his tort. In this respect, the existence of the limitation of criminal prosecution avoids the unprincipled protection and tolerance of the law to these "sleepers of rights", avoids encouraging the public's "legal inertia" and strengthens the public's legal consciousness. Second, the prescription system in criminal law has a great influence on criminal legal relations, specifically:
1. For the national judicial organs, it means the restriction and restriction of the national criminal judicial power. In other words, there is a statutory time limit for investigating the criminal responsibility of the perpetrator. If the legal time limit is exceeded, the power of criminal prosecution of judicial organs will be automatically extinguished (unless otherwise provided by law), and the criminal responsibility of the perpetrator can no longer be investigated for the same criminal fact; If the judicial organ has filed a case for investigation, initiated a lawsuit or held a court session, it shall respectively dismiss the prosecution, not prosecute, terminate the trial or declare it innocent. This (with the cooperation of relevant systems) can urge criminal judicial organs to improve their work efficiency and prevent criminal cases from being protracted to some extent;
2. For criminal private prosecution cases, it means the restriction and restriction on the criminal prosecution right of criminal private prosecutors. That is, if the criminal victim or his legal representative or close relative fails to file a complaint with the court within the statutory time limit for prosecution, the criminal complaint filed by the criminal private prosecutor on the same fact will not be supported by the court at any time thereafter;
3. For criminals, the existence of the limitation system of criminal prosecution means that the law recognizes that any citizen, even if he should be punished for an act that constitutes a crime, is completely exempted from criminal responsibility as long as he is not investigated for criminal responsibility within the statutory prosecution period, and will not be investigated for the same criminal fact at any time thereafter, so he should be considered as an innocent citizen and be exempted from criminal punishment by law. In other words, any citizen has a legal right-the right not to be convicted and punished for acts that exceed the limitation of criminal prosecution.
Why should the statute of limitations be stipulated?
The provisions of the statute of limitations in Chinese law are formulated with reference to foreign laws. In ancient China, there was no such provision in law. On the contrary, there has always been a saying among the people in our country that a father owes his son. A person's creditor's rights will not expire because of the passage of time before his death, but will continue to his children and grandchildren.
The statute of limitations is 1 year, 2 years or 4 years. Why 20 years?
20 years is the longest limitation of action, and the starting time is different, starting from the date of occurrence.
For example, the limitation of action for personal injury is 1 year, counting from the time when you know or should know.
If a person is violated, he won't know for many years. In fact, the statute of limitations of 1 year never began. If there is no statute of limitations of 20 years, he will find out in the 22nd year, and then the statute of limitations will not expire until the 23rd year. However, with the limitation of 20 years, the limitation of action was exceeded when it was discovered in 22 years, and the right to win the case was lost.
In addition, the 20-year suspension and interruption cannot be applied.
There are four situations in which the limitation of civil action is one year. Why is it only one year?
Lawyer Shi of Zhonggu Law Firm. Com answers this question for you:
The following limitation period is one year:
(1) Requesting compensation for personal injury;
(two) the sale of substandard goods has not been declared;
(three) the ingot to pay or refuse to pay rent;
(4) Loss of or damage to the property in escrow.
Because these four situations are obvious, this is to better protect the interests of the victims.
Why set a time limit for prosecution?
The limitation of prosecution refers to the effective period of investigating Haizi's criminal responsibility in accordance with the provisions of the Criminal Law. Criminal responsibility shall not be investigated if the criminal act of a criminal has exceeded the limitation period prescribed by the criminal law; If criminal responsibility has been investigated, the case shall be dismissed.
The limitation of prosecution is to stipulate the limitation of prosecution with different lengths according to the severity of legal punishment for various crimes:
1. If the statutory maximum penalty is less than five years' imprisonment, the limitation period for prosecution shall be five years;
2. If the statutory maximum penalty is more than 5 years but less than 10 year, the limitation period for prosecution is 10 year;
3. If the statutory maximum penalty is fixed-term imprisonment of 10 years or more, the limitation period for prosecution is 15 years;
4. If the statutory maximum punishment is life imprisonment or death penalty, the limitation period for prosecution shall be twenty years. If it is deemed necessary to prosecute after 20 years, it can still be prosecuted after being submitted to the Supreme People's Procuratorate for approval.
The provisions on statutory punishment in the specific provisions of China's criminal law include several different situations:
In the case of a crime with several sentencing ranges, the length of the limitation of prosecution should be determined according to the actual situation of the crime, that is, the statutory maximum penalty of the sentencing range should be used to determine the limitation of prosecution.
Circumstances that are not subject to the limitation of prosecution. According to the provisions of China's criminal law, if a people's procuratorate, public security organ or state security organ files a case for investigation or the people's court accepts a case, it is not limited by the time limit for prosecution. If the victim files a complaint within the time limit for prosecution, the people's court, the people's procuratorate or the public security organ shall file a case but not file it, and it is not limited by the time limit for prosecution.
Interruption of prescription. If a crime is committed within the time limit for prosecution, the time limit for prosecution of the former crime shall be counted from the date when the latter crime is committed. Under normal circumstances, the limitation period of prosecution is calculated from the date of the crime. However, if the crime continues or continues, the limitation period for prosecution shall be counted from the date when the crime ends.
China's statutory criminal prosecution period is useful and useless. What's the matter? . .
You may be mistaken. The limitation of action of 20 years means that if the crime is not discovered by the state organs after 20 years, the public security organs will be arrested even after 100 years.