Interpretation of the Supreme People's Court on several issues concerning the application of the limitation system of the General Provisions of the Civil Law of the People's Republic of China

In order to correctly apply the provisions of the General Provisions of the Civil Law of the People's Republic of China on the statute of limitations system and protect the legitimate rights and interests of the parties, this interpretation is formulated in combination with trial practice.

Article 1 Where the limitation period of action begins to be calculated after the implementation of the General Provisions of the Civil Law, the provisions of Article 188 of the General Provisions of the Civil Law concerning the limitation period of action of three years shall apply. Where a party claims to apply the provisions of the general principles of the Civil Law concerning the limitation period of two years or one year, the people's court shall not support it.

Article 2 On the date of the implementation of the General provisions of the Civil Law, the limitation period has not expired two years or one year as provided for in the general provisions of the Civil Law, and the parties claim to apply the provisions of the general provisions of the Civil Law on the limitation period of three years, the people's court shall support.

Article 3 Before the General provisions of the Civil Law come into force, the limitation period of two years or one year stipulated in the general provisions of the Civil Law has expired, and the parties claim to apply the provisions of the general provisions of the Civil Law on the limitation period of three years, the people's court will not support.

Article 4 On the date of implementation of the General provisions of the Civil Law, if the reasons for suspension of the limitation have not been eliminated, the provisions of the General provisions of the Civil Law on suspension of the limitation of action shall apply.

Article 5 This interpretation shall take effect as of July 23, 2018.

After the implementation of this interpretation, if the case is still at the stage of first or second instance, this Interpretation shall apply; This interpretation shall not apply to cases in which the parties apply for a retrial or decide to retrial in accordance with the procedure of trial supervision.