For the right laws, protect the lawful rights and interests of the parties, to maintain social order, in accordance with "the people's Republic of China
And the general rules of the civil law "," people's Republic of China Property Law "," contract law of PRC "," PRC Civil Procedure Law "and other laws and regulations, combined with judicial practice, the enactment of this provision.
   One, general provisions
   The first (scope of application
   Plan a: obligations on the claim right raise a defense against limitation of action, the people's court shall (or review).
   The obligations of the right to raise a defense against limitation of action, the people's court shall not hear (or review).
   (a) claim for removal of interference;
   (two) the right to request the danger elimination;
   (three) for not the original property or chattel produced return dynamic registered claim;
   (four) does not have the property interests of the content of personality right;
   (five) the right to request the status right;
   (six) the right to request the payment of deposit and interest relationship based on savings;
   (seven) claim due to unauthorized to citizens, legal person management, the management of state property is violated;
   (eight) requesting confirmation of the validity of the contract, the right to terminate the contract;
   (nine) other rights provided for the application of limitation of action.
   Scheme two: obligations on the claim right raise a defense against limitation of action, the people's court shall (or review), except the following claim:
   (a) claim for removal of interference;
   (two) the right to request the danger elimination;
   (three) for not the original property or chattel produced return dynamic registered claim;
   (four) does not have the property interests of the content of personality right;
   (five) the right to request the status right;
   (six) the right to request the payment of deposit and interest relationship based on savings;
   (seven) claim due to unauthorized to citizens, legal person management, the management of state property is violated;
   (eight) claim other does not apply to the prescription of action.
   The obligation of right of control, right of formation, right of plea raise a defense against limitation of action, the people's court shall not support (with a view, paragraph second theory is too strong, the lack of operability, suggested to cancel).
   Article second (court can active review) the parties do not advocate a defense against limitation of action, the people's court shall not actively carried out in accordance with the provisions of the statute of limitations.
   Article third (legal) on waiving any interest parties of litigation prescription shall be invalid.
   The parties about the period lengthening or shortening the limitation of action shall be invalid.
   Article fourth (phase filed litigation right of Defense) obligations in raise a defense against limitation of action is not the end of the first instance trial, the second trial before the end of the (also the viewpoint thinks, should be defined as "based on new evidence" proposed), the people's court shall hear.
   At the end of the trial of first instance the obligor, the second before did not raise a defense against limitation of action, retrial, retrial in the trial before the end of the (also the viewpoint thinks, should be defined as "based on new evidence" proposed), the people's court shall hear.
Obligor fails to raise a defense against limitation of action in the final judgement, in the retrial process raise a defense against limitation of action, the people's court shall not review (or hearing) based on new evidence, but except for retrial cases.
   Two, the limitation of action
   Article fifth (stage performance of the contract)
   Solution: installment contract, the period of limitation of action from the last debt to calculate the date of expiration of the period. The right person for the obligations of anticipatory breach of contract claims, the period of limitation of action from the right people knows or ought to know the obligor calculation of expected default date (also with a view, not the provisions of anticipatory breach of contract, the same below).
   Scheme two: installment contract, the period of limitation of action from every obligation calculated the date of expiration of the period. The right person for the obligations of anticipatory breach of contract claims, the period of limitation of action from the right people knows or ought to know the obligor calculation of expected default date.
   Scheme three: installment contract, installment debt with independence, the period of limitation of action from every obligation calculated the date of expiration of the period. Installment debt does not have the independence, the period of limitation of action from the last debt to calculate the date of expiration of the period. The right person for the obligations of anticipatory breach of contract claims, the period of limitation of action from the right people knows or ought to know the obligations of anticipatory breach of contract date.
   The people's court may conclude a comprehensive contract, whether to the total debt, whether the reservation to fulfill, legal responsibility and other factors determine the installment debt with independence.
   Sixth (not fulfill the contract) is not agreed to the duration of the contract, in accordance with the contract law the sixty-first regulation can determine their duration, the limitation of action during the expiration date from calculation can not determine their duration; the period of limitation of action, from the right man for the first time to claim the rights, obligations or given the grace period expires date.
   Before the claim rights, obligations expressly or by their actions that it will not perform its main obligations, the period of limitation of action from the right people knows or ought to know the obligor fails to perform the obligation of date calculation.
   The contract does not specify the period of performance, one of the parties to fulfill the obligations, the other party issued debt without repayment date, the limitation of action shall be governed by the provisions of the preceding two paragraphs.
   Article seventh (a debt without settlement or settlement) contractual term of performance, but the parties have not agreed, law does not final or after the settlement obligor to perform the obligations, the period of limitation of action is calculated from the date of expiration of the period of performance; the parties or legal provisions must be or after the settlement obligor to perform the obligations, the limitation of action during the calculation of settlement accounts or from the date (with a view, it is not universal, suggested to cancel).
   Article eighth (rolling payment contract) rolling payment contract, the parties agreed to the payment settlement, the period of limitation of action is calculated from the date of settlement; if the parties fail to agree to the payment settlement, the period of limitation of action is calculated from the agreed finally fulfill the date of expiration of the period.
   Article ninth (contract) contract, the period of limitation of action of the claim for damage compensation should be based on the following circumstances starting:
   (a) contract, the parties agreed damages payment period, the period of limitation of action from the agreed payment of damages of the expiration date; not liquidated damages, the period of limitation of action is calculated from the date of termination of the contract;
   (two) for a party's breach of contract and the termination of the contract, the period of limitation of action from the right people knows or ought to know the date of occurrence of default behavior;
   (three) for irresistible to terminate the contract, claim damages due to Party fault damage, the period of limitation of action from the right people knows or ought to know the date of occurrence of default behavior.
   Tenth (invalid contract
   Option one: the contract is confirmed invalid, the request of the parties to claim restitution of property, damages, the period of limitation of action from the performance calculation of the date of expiration of the period stipulated in the contract.
   Scheme two: because the property claim, contract the return to compensate for the losses, the period of limitation of action from the contract is confirmed invalid date calculation.
   Scheme three: the parties based on the contract and sign and fulfill the contract, the party in breach of the proceedings, request the return of property right of claim, compensation for losses, the contract is confirmed to be invalid, the period of limitation of action from the contract expiration date or are not the term of performance but the obligee obligor expected based on breach of contract lawsuit, the owner knows or should know the obligor calculation of expected default date.
   The parties contract litigation based on the contract is confirmed to be invalid, because the right to request the return of property, compensation for the loss arising, the period of limitation of action from the contract is confirmed invalid date calculation.
   Eleventh (invalid guarantee contract
   (the period of the contract litigation prescription starting invalid guarantee) because of a suretyship contract is invalid the creditors to ensure the right to request compensation for the damage, general guarantee creditor on the debtor for bringing a suit or applying for arbitration before the expiration of the period of limitation period, calculated from the judgment or arbitral award date of entry into force of the joint responsibility to ensure that the creditor; in the guarantee period prior to the expiration of the demand that the surety undertake suretyship liability, the period of limitation of actions from creditors require the guarantor to perform calculation responsibilities. A creditor fails to guarantee period within the principal debtor, apply for arbitration or bring a lawsuit to ensure party claims rights, the people's court shall not protect.
   (during the invalid guarantee contract litigation prescription starting) scheme: contract of mortgage or pledge contract is invalid, the creditors claim that the guarantor undertakes damage claim for compensation, the limitation of action from the main contract conditions of realization of hypothec achievement period expires or agreed upon by the parties of the date.
   Scheme two: contract of mortgage or pledge contract is invalid, the creditors request the guarantor to damage claim for compensation, the limitation of action from the contract of mortgage or pledge contract is confirmed invalid date calculation.
   Article twelfth (a voidable contract) for the cancellation of the contract the right to request the return of property, compensation for the losses of the period of limitation of action, calculated from the date of revocation of the contract.
   Article thirteenth (continuous tort) claim compensation for damage, the period of limitation of action from the right people knew or should have known the infringement and infringement calculation of the date of. Tort continued, the period of limitation of action from the end of the implementation of the tort the date of recalculation.
   Article fourteenth (UE) claim for restitution of unjust enrichment, the period of limitation of action from the right people know or should know the fact of unjust enrichment and the unjust enrichment were calculated from the date.
   Article fifteenth (non management) request claim payment necessary management fees, the period of limitation of action never because of management behavior end and the manager knows or ought to know the date of calculation of the beneficiary.
   Article sixteenth (effective court judgment or arbitration against the rear know facts and infringer, the limitation of action) the people's court judgment or arbitral award is made after the fact, violations against the people, for the period of limitation of action to claim against the people, calculated from the people's court judgment or arbitral award comes into effect date.
   Interrupt three, the limitation of action
   Article seventeenth (claim rights means that the rights should reach the obligor) said to advocate the rights and obligations of the obligor shall reach.
   In any of the following circumstances, should be recognized rights claim means to reach or as obligations: (also the viewpoint thinks, should take a subject rather than to the doctrine, first paragraph should be deleted. The second paragraph should be changed to: "the following circumstances, should be identified as the right to compulsory claim")
   (a) orally that the rights of way, the duty to be recognized or other evidence.
   (two) according to the written document that the rights of way, the sign or recognised.
   The signatory obligation, legal person or any other organization, it is the legal representative person, person in charge of duties, responsible for transmitting and receiving people and other authorized subject; obligation is a natural person, natural person himself or live adult relatives.
   (three) to send an email that the rights of way, the data into the obligations of the e-mail system.
   (four) to send documents that the rights of way, there is evidence that the mail, mailing address and valid e-mail, but the duty except for evidence of human rights by mail letter and telegraph did not advocate the right content.
   (five) as a financial institution creditors of the debtor accounts from the deduction of debt principal and interest.
   (six) the obligor One's whereabouts is a mystery. or difficult to direct service, rights of public offering in obligor domicile of the national or provincial newspapers have claimed content of the announcement
   (seven) claims on the responsibility of managing the responsibilities of government departments to make the right to claim means that the file sent to the obligor.
   (eight) other sufficient to determine the right claim means to reach or arrive at the obligations shall be regarded as human behavior (another way: the other shall be deemed that the owner claim rights.
   Article eighteenth (effect to the obligations to people outside of the third party claims rights) the right to claim the following subject, has the effect of the interruption of the limitation of actions:
   (a) the obligations of the live adult relatives;
   (two) the obligations of the agents, property custodian, joint guarantee other guarantor people outside, the guardian;
   (three) the competent department at a higher level, the obligations of the open unit or obligations are the same legal representative of the associated enterprises;
   (four) personnel directly responsible for affairs related to the case of obligations;
   (five) the other has the special relationship with the duties of man, can represent the obligations accepted meaning or the main claim rights means that conveyed to the obligor.
   Article nineteenth (effect of rights to a joint debtors in the claim or lawsuit) rights of people to a joint debtors in the claim or bring a lawsuit, effect of interruption of statute of limitations and other joint debtors.
   Article twentieth (a joint debtors to the creditors agreeing to play in his debt)
   A joint scheme: one debtor to fulfill debt in the consent of the creditor, effect of interruption of statute of limitations does not extend to other joint debtors. Agree to pay off the debts of the obligor, recourse to other debtor, the people's court shall not support.
   Scheme two: joint a debtor to fulfill debt in the consent of the creditor, effect of interruption of statute of limitations and other joint debtors.
   Article twenty-first (a joint and several creditors to the debtor claim, whether the effect of interruption of statute of limitations and other joint creditors) a joint and several creditors to the debtor rights advocate, effect of interruption of statute of limitations and other joint and several creditors.
   Article twenty-second (the right person only effect on the part of the rights of obligee claims) only part of the creditor's rights advocate, effect of prescription of litigation interruption of the inferior to all claims, except the indivisible obligation.
   Article twenty-third (the right person only to validity obligations advocate interest claim of right to obligation) were the only people advocate interest claim, not the principal creditor's rights, effect of interruption of statute of limitations on the principal creditor's rights.
   Article twenty-fourth (Proceedings) if a people's court filing the complaint or an oral complaint, request the people's court to protect the civil rights and interests, should recognize that the parties to an action in a people's court, the period of limitation of action from the parties submit to the people's court indictment or interrupt orally as of the date of prosecution, but exceptions withdrawing prosecution after.
   The people's court shall refuse to accept or reject the prosecution, the prosecution has the legal effect of the limitation interrupt, re starting the period of limitation of action shall not be accepted or rejected in force from the date of decision to prosecute, except for the case with no direct interest in the case was dismissed the prosecution.
   Twenty-fifth prosecution after withdrawal, shall handle it according to the following methods:
   (a) a copy of the indictment was not delivered to the obligations of the prosecution, does not have the legal effect of limitation of actions;
   (two) a copy of the indictment has been served on the obligor, the period of limitation of action from the copy of the complaint service interruption obligations of the date of;
   (three) the parties reconciliation and prosecution after withdrawal of prosecution, the interrupt from the date of the period of limitation of action. The settlement agreement is not agreed period, the ruling shall take effect on the date of re starting from the withdrawal period of limitation of action. The reconciliation agreement of the performance period, the period of limitation of action from the agreed expiration to re start the day.
   Article twenty-sixth (with the same effect of interruption of statute of limitations of matters and Proceedings) the following matters and proceedings have the same effect of interruption of limitation of action:
   (a) for arbitration;
   (two) for an order of payment;
   (three) filed for bankruptcy;
   (four) as the right to apply for a declaration that the obligation of people missing or dead;
   Five.Protective measures for property preservation before litigation, pretrial;
   (six) for compulsory execution or implementation of security interest; (another view, there should be clear, is the application of judgment documents other than the instruments can apply for court enforcement enforcement)
   (seven) in the lawsuit claims offset;
   (eight) the other has the same effect with a lawsuit claiming rights behavior.
   Article twenty-seventh (the right person the effect to protect the civil rights requested the units concerned to ) rights the protection of civil rights to request the following units, the period of limitation of action from the date of the interrupt request:
   (a) the people's mediation committee;
   (two) consumer associations, industry associations and other social;
   (three) other according to the nature and functions have the right to dispute resolution.
   Article twenty-eighth (investigation, prosecution, trial stage in criminal cases, the period of limitation of action is interrupted) people the right to request the period of limitation of action to protect the civil rights in the public security organs, procuratorial organs investigation of criminal suspects during interruption. The public security organ decides to revoke the suspected criminal cases or prosecutors decided not to prosecute, the period of limitation of action from the withdrawal of the case or decided not to prosecute the date of re starting.
Criminal cases go to trial, the period of limitation of action in force from the date of the criminal judicative paper re calculated.
 Article twenty-ninth (Proceedings for right of subrogation of creditor) brings a suit of subrogation, creditor and debtor of creditor claims has the effect of interruption of statute of limitations.
 Article thirtieth (debts) people advocate the original debtor's right of defense against the limitation of liability of the lawsuit, the people's court shall support, but there is evidence that people give up the original debtor except liability limitation of right of defense.
   The transfer of creditor's rights, the notice of assignment of rights has the legal effect of limitation of actions.
   Article thirty-first (obligations agreed obligations under any of the following circumstances, should be identified as) obligations agreed obligations:
   (a) the obligor by installment, the payment of interest, to provide security, application for extension performance, making of a debt repayment plan to the obligee agreed obligations;
   (two) the duty not to the right people I agreed obligations, but to other related subject to make, or entrust a relevant subject to convey, and the declaration of the rights of the people should be to reach or arrive at the.
   (three) the other can be identified obligations agreed to carry out obligations.
   Article thirty-second (contractual performance period, one of the parties to fulfill the obligations, the other party shall issue debt without repayment date, the limitation of action) the contract performance period, one of the parties to fulfill the obligations, the other party fails to perform the agreed time limit after the expiration of the term of payment in arrears and the issue without the date of repayment, the period of limitation of action is recalculated from the debt issued by the play (with a view, the period of limitation of action should be the first to claim the creditor or given grace period expires next re calculation.
   Four, the period of limitation of action recognition, suspension
   Article thirty-third (the period of limitation of action request for payment of arrears of the claim right on the basis of arrears) a request for payment of debt obligations in general, applicable general limitation period. During the period of limitation of action for payment of arrears of special claim the basic legal relationship during the period of limitation of action, and longer than the ordinary statute or the basic legal relationship in trial, for the special period of limitation of action.
   Article thirty-fourth (general principles of civil law article 139th) is under any of the following circumstances, should be in accordance with the provisions of the general principles of the civil law of 139th identified as "other obstacles":
   (a) the right infringed without person of civil action competence, person with limited capacity for civil conduct no statutory agent or legal representative, death, loss of the agency, or statutory agent I loses the capacity to act;
   (two) after the opening of succession successor has not been determined or heritage management;
   (three) the right people will be compulsory control;
   (four) other causes of human rights cannot claim the objective situation.
   The effectiveness of the five, the limitation of action
   Article thirty-fifth (effect of prescription of litigation) completed the period of limitation of action (the viewpoint thinks, should be changed to expire, the same below), exercise the counterpleaing right obligation of limitation of action, the people's court shall support.
Completed during the aging main payment litigation, fruits from the period of limitation of action at the same time payment of claims.
   Article thirty-sixth (force completed during the main creditor litigation prescription whether the guarantee creditor's rights)
   Plan a: completed during the main creditor's right, the guarantor has a statute of limitations as the primary debtor counterargument right. Ensure that no statute of limitations as the primary debtor counterargument, assume responsibility, recourse against the principal debtor, the people's court shall not support.
   Scheme two: completed during the main creditor's right, general guarantee period of limitation of action of debt also completed the period of limitation of action, the joint guarantee debt is not complete. Joint guarantor not the statute of limitations as the primary debtor counterargument, assume responsibility, recourse against the principal debtor, the people's court shall not support.
   Article thirty-seventh (interest of litigation prescription after giving up) the following acts should be identified as compulsory people give up the interests of limitation:
   (a) over a period of limitation of action, the parties have reached the original debt repayment agreement;
   (two) the parties voluntarily by legal debt offset the limitation of action has been completed debt;
   (three) for the period of limitation of action has been completed the creditor's rights guarantee;
   (four) during the period of limitation has completed the entrusted to perform the debt;
   (five) during the period of limitation of action has been completed voluntary assumption of debt;
   (six) over a period of limitation of action, a written confirmation obligation obligation to the right people, and agreed to perform the obligation of meaning;
   (seven) other acts of give up the interest of litigation prescription.
   Article thirty-eighth (debtor admitted in writing that all debts, but only agreed to pay part of the debt effect) over a period of limitation of action, the written consent of all the debt, but only agreed to pay part of the debt, the limitation of action shall be determined to give up on the part of the debt of the debtor's defense, but the debt for the indivisible obligation except.
   Article thirty-ninth (over the period of limitation of action duty sign or affix a seal on the collection of documents on legal effect) scheme of aging: over the proceedings, right from creditor to debtor collection instrument, the signature or seal of the debtor in the collection of documents, can determine obligor of limitation of action shall be waived the right to a defence claims, the people's court for the protection of creditors; can not determine that the obligor waived the right to a defence of limitation of action, the people's court to creditors to pay off the debts no request.
   Scheme two: exceeding the period of limitation of action, the collection of debt instruments issued to the right person to the debtor, the debtor shall affix their signatures or seals on the collection of documents, the people's court shall protect the creditor's rights of creditors of the debtor, but there is evidence not give up defense litigation rights except.
  (there is also the view that the legal interpretation, judicial interpretation (1999) No. 7 approved modifications to the method is correct, but the law interpretation (1999) 7 replied to focus on protecting the interests of creditors, if modified, is not conducive to the protection of the creditors, will cause social problems). Word or stamp duty, can determine who give up defense litigation rights, creditor's rights shall be protected by the people's court creditors; can not determine that the obligor give up defense litigation rights, request the people's court shall not support to the creditor debt
Hold.
   Scheme two: exceeding the period of limitation of action, the collection of debt instruments issued to the right person to the debtor, the debtor shall affix their signatures or seals on the collection of documents, the people's court shall protect the creditor's rights of creditors of the debtor, but there is evidence not give up defense litigation rights except.
  (there is also the view that the legal interpretation, judicial interpretation (1999) No. 7 approved modifications to the method is correct, but the law interpretation (1999) 7 replied to focus on protecting the interests of creditors, if modified, is not conducive to the protection of the creditors, will cause social problems).
   Six, other provisions
   Article fortieth (retroactivity) the implementation of the present Provisions, the case is still in the first or second instance, applicable this regulation; finished case, the litigant applies for retrial or decide to retrial according to the procedure for trial supervision, the provisions do not apply.
   Article forty-first (effectiveness) prior to the implementation of the provisions of the relevant judicial interpretation made by conflict with these Provisions, these Provisions shall not apply.
   Article forty-second (Implementation) the provisions shall be implemented as of the date of publication.
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