Proposal of Improving“Prescribed Period for Litigation”System of China
SUN Dong （Shandong TV University,Jinan,Shandong250014）
The“prescribed period for litigation”system of china came from the Soviet Union where the system was implemented as a standardized policy instead of “positive prescription”and “negative prescription”widely used in most of other countries.One of important reason for Soviet’s choice was the direct contradiction of social ideology.However some problems have been existing in putting the system into effect.Moreover,the concept of “prescribed period for litigation”is open to different interpretations in language,which makes it difficult to express precisely the purpose of lawmaker.Therefor,we should adopt the system of “positive prescription”and “negative prescription”. The fundamental factors for “positive prescription” are whole legal period of possession on one’s own,peaceful possession,open possession or continual possession.
【CateGory Index】： D923.1