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法律的目的在于保护真正的权利人依法享有并行使其权利,获得利益。因此,在非权利人行使权利时,应被认定是侵权,而为法律所禁止。但是,在民商法领域有一时效制度,恰与上述法律之目的背道而弛,它的实施本旨在于,尊重事实状态,限制以至取消真正权利人的权利。时效制度自罗马法创设以来,为各国民法所确认,我国1986年通过的《民法通则》在第七章中用了7条篇幅规定了诉讼时效,但是,由于受苏联的影响,同时基于社会主义拾金不昧,物归原主,反对不劳而获的道德伦理观念,对取得时效采取了完全否认的态度。1992年我国开始推行社会主义市场经济,为建立与市场经济相适应的民法调整机制,
The purpose of the law is to protect the true rights holders from enjoying and exercising their rights and benefits in accordance with the law. Therefore, non-right people in the exercise of rights, should be identified as infringing, and prohibited by law. However, there is a time-limitation system in the field of civil and commercial law that runs counter to the purpose of the above-mentioned laws. Its implementation aims at respecting the state of fact, restricting and even eliminating the rights of genuine people. Since the establishment of the Roman Law, the system of limitation has been confirmed by the civil laws of various countries. The General Principles of Civil Law adopted in 1986 in our country stipulated the limitation of action in Chapter Seven with seven articles. However, due to the influence of the Soviet Union, Undocumented, returned to the original owner, against the concept of morality and ethics unearned, has taken a complete denial of timeliness attitude. In 1992, China started to implement the socialist market economy. In order to establish a mechanism for adjusting the civil law that suits the market economy,