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诉讼时效制度的正当化理由仅在于保护不应再履行义务的债务人。这本是德国民法早已解决的问题,但在我国却总结出督促权利人行使权利、稳定社会秩序、方便案件审理、利于物尽其用四大理由。有学者更夸张地列出减少纠纷、保护一般债务人、保护债权人、保护第三人、进行市场调节等项理由,并牵强地与公平原则和诚实信用原则相联系。诉讼时效制度正当化理由的原理还包括其必然性根源和负面性影响等内容。这些原理对审判实践有重要的指导意义。
The justification of the limitation of action system is only to protect the debtor that should no longer perform its obligations. This is an issue already solved in German civil law. However, in our country, there are four major reasons for urging right holders to exercise their rights, stabilize social order, and facilitate trial of cases. Some scholars even more exaggerately listed the reasons for reducing disputes, protecting general debtors, protecting creditors, protecting third parties and market regulation, and they are all too often linked to the principle of fairness and good faith. The principle of justification of the limitation of action system also includes such factors as its inevitability and its negative impact. These principles have important guiding significance for trial practice.