论诉讼时效制度的二元价值关怀——兼论我国诉讼时效制度的缺失

On Duality Value Concern in the System of Limitation of Action in Civil Code—Also on the Deficit in the System of Limitation of Action in Civil Code of China

公益和私权是诉讼时效制度应关注的二元价值。对公益的关注和私权的保护主要是通过科学设计普通诉讼时效期间和合理规定短期时效的适用范围。我国《民法通则》规定的普通诉讼时效期间过短及其短期时效期间的适用范围不当,不利于对私权的保护。

Commonweal and private fights are the duality value to be concerned by system of limitation of action in civil code. The coneem about commonweal and protection of private rights are mainly done by scientific design of the range of application of common prescription period and rational ruling of short term prescription. In China＇ s General Provisions of the Civial Law, the range of application of the stipulated common prescription period and its short term prescription is not appropriate in the effect that it is against the protection of private rights.