STUDY ON THE CIVIL LAW ONTOLOGY OF LIMITATION OF ACTION SYSTEM

L imitation of action is the legal effect of time. The limitation of action system reveals the effects of time on the rights that are not exercised. The limitation of action period is a period in which the legal facts have constituted, and it is the time artificially designed based on the choice of legislative policy. Anti ?morality is an inherent irremovable attribute of the limitation of action system. The legitimacy of the limitation of action system is a product of transcending the anti-morality. Unlike other civil legal systems, the limitation of action system is established to ensure the law maintains the new order of fait accompli by eliminating or restricting the rights of right holders. This new order is created by legal imagination. It is doomed to be eliminated due to the gap between the new order and the real life order. After the expiration of the limitation of action period, where the parties do not invoke the limitation of action system and willingly pay or agree to perform the obligations or return the property, the limitation of action system usually does not involve the interests of the third party. Then the new order gives way to the old one and the latter prevails.The limitation of action system undoubtedly plays an important role in the theories of the Civil Law concerning time. It is generally believed that limitation of action is the legal effect of time on rights.

THE LEGAL ANALYSIS OF THE DILEMMA OF LABOR RELATIONSHIP DEVELOPMENT IN THE PROCESS OF SOCIAL TRANSFORMATION IN CHINA:FROM THE PERSPECTIVE OF “LABOR BLACKMAIL”

The development dilemma of labor relationship refers to the opposite tendency between the actual effect of the development of labor relationship and the expectations of legislators. The direct cause of the development dilemma of labor relationship is the imbalance of employees and employers＇ transaction cost in the labor legislative design. The root cause of the development dilemma of labor relationship is the deviation of the labor legislative ideas which confound the tilt protection and single protection. To solve the current dilemma of the development in labor relationship, on the one hand, labor legislation needs to correct the current imbalance in employees and employers＇ transactions cost. On the other hand, in view of the current stratification trend in both employees and employers, labor legislation needs to distinguish between hierarchical legislations; the labor legislative needs to distinguish different employees and employers and make different provisions. The future labor legislation should tilt towards the protection of the disadvantaged party in different circumstances and take into account the interests of both employers and employees.

BIAS AND CORRECTION OF INTEREST RATE RESTRICTION IN NETWORK LENDING INDUSTRY

Because of the direct contact between the borrowers and the lenders,the interest rate of the network private lending industry has been lowered.At the same time,because of omitting the intermediate links,the lender’s income has also increased,thus the network private lending can achieve a win-win situation.However,there is an invisible interest rate in the online lending industry,which increases the financing cost in a disguised way.To eliminate this undesirable phenomenon,the current judicial field has adopted to incorporate all borrowers’expenses into the interest rate range and made the sum of all costs not exceed the legal interest rate ceiling.In the judicial field,the unlimited expansion of the interest rate range will break through the relativity of debt and make the behavior of intermediary institutions subordinate to the loan contract.The inconsistency between the payment time of interest and intermediary expenses will make the judicial viewpoint of unification of interest rate range contradictory.Therefore,the judicial field should recognize the relativity of debt,separate the intermediary rate from the interest rate,leave the intermediary rate to the market regulation and supervised by the industry’s self-regulatory organizations and regulatory authorities.The unified restriction of interest rate should include all kinds of expenses and default costs,which are agreed in the loan contract,so as to promote the substantial reduction of financing costs.In the meantime,it is necessary to unify the information disclosure of financing costs so that both borrowers and lenders can realize their free choice.