论起诉对诉讼时效的影响

将起诉作为诉讼时效的中止事由,缺乏系统性和逻辑性,在我国现行民法框架下,仍应将起诉作为诉讼时效的中断事由。若原告起诉后获得生效胜诉判决,诉讼时效从判决确定的履行期届满（或判决生效）时重新起算,且不因申请执行而中断;若原告起诉后未获实体判决,只要起诉行为构成诉讼外请求,亦可使诉讼时效中断。

Studying on the Influence of Suit on Limitation of Actions

It is unsystematic and illogical to take suit as the cause of pause of the limitation of actions.In the system of the existing civil law in China,suit shall be taken as the cause of breaking off the limitation.If the plaintiff is approved,the period of limitation will be recalculated after the performing period founded by the judgment or from the time of the judgment becoming effective,and it does not break off as the result of application of implement.If the suit is not judged,and as long as the act of bri...