论诉讼时效的司法适用

On the Judicial Suitability of Lawsuit Prescription

诉讼时效是时效的种类之一 ,由于它本身比较复杂 ,且现行法律规定不够具体、明确 ,不但在适用过程中出现了不少疑难问题 ,且在学界也引发了不少的争议。本文主要运用比较法和实证分析的方法 ,结合司法实践 ,对时效的适用范围、时效期间。

Lawsuit prescription is one of varieties of prescription. Since it is complicated itself and the present statutes are not concrete and clear enough, t here have been not only quite a few knotty problems in the course of suitability , but also quite a few arguments in the educational circles.In this paper the au thor, mainly using the methods of comparison and actual evidence analysis and co mbining his judicial practice; makes an exploration into the problems such as th e suitability scope of prescription, the period of prescription, the effect of p rescription, the suitability and so on.