胜诉权

目前法学界通说认为，诉讼时效届满是使债权人的胜诉权消灭，即采“胜诉权消灭说”。

In China , many people think it is right that the finished limitation period means that the creditor lost the right to appeal the court .

权利人不及时行使权利超过仲裁时效的，失去仲裁胜诉权，但不必然失去胜诉权。

If the litigant can 't exercise his right within it , he will lose the right of prevailing arbitration , but it is not inevitable .

诉讼时效完成后的法律后果应采用胜诉权消灭主义和时效抗辩权发生主义相结合制度确定。

The kind of legal effect which takes place after negative prescription should be determined on the combined mechanism of elimination of recover in lawsuit and the efficacious state of prescription action .

既有的关于诉讼时效法律效力立法模式中的诉权消灭、胜诉权消灭和不完全的实体权利消灭主义，存在理论上不可克服的内在逻辑矛盾。

The present legislative models of legal effect of limitation of action including extinguishment of right of action , extinguishment of right to win a lawsuit and extinguishment substantive rights on the face , have logical contradiction in theory which is can 't be explained .

同时，小股东在胜诉后享有胜诉利益请求权，诉讼成本补偿权和股东退出请求权。

At the same time , the small shareholders in favour to enjoy the right request won interest , right to compensation and litigation costs request to withdraw from shareholders .