论时效制度的价值

On Value of Prescription System

时效制度作为以时间因素限制民事权利的民法制度,其负载的价值取向是隐含的,不易为习惯于道德思维的中国公众认知和认同,必须对其正当性进行理论阐发及论证,修正有关偏见和误解。时效制度的核心价值在于其安全性和效率性,它不仅有利于交易秩序的稳定和提高经济效率,还有助于提高诉讼效率、维护司法公正,对塑造现代交易人格也具有重要意义。

Prescription system,as a civil law which restricts civil rights through element of time,carries an implied value tendency and therefore it is not easy for Chinese public to understand and accept because we are used to moral thinking.So we must elucidate and demonstrate theoretically its legitimacy and correct bias and misunderstanding concerning the system.The core value of prescription system lies in the fact that it's safe and efficient.It is beneficial to the stability of order of transaction and improvement of economic efficiency.It can also help to raise the efficiency of lawsuits and to maintain the justice of judicature.It is also significant in modeling modern character of transaction.