A Study On The Civil Procedural Contract

In China the current 《Civil Procedural Law》 was established in the base of the 《Civil Procedural Law (a)》, this corpus law established in the era of planned economy, with too many invincible and shortage in the day when it was established. One shortage was that the current legislation of the civil procedural law does not have a clear philosophy, as a result, in the current law, either in structure or legislative technology had serious shortcomings, to this end, in the comprehensive amendment background, how to establish a clear and forward-looking legislation philosophy was too important.Law was a reflection of social relations, as the reflected social relations changed, law was bound to changed. Since the beginning of reform and opening up, the market economy had been basically established in China, compared with the planned economy, both economic aggregate, technological level, economic relations and people's concepts, culture, awareness, they were qualitatively different. To the end, the current civil procedural law which reflected the current social status, particularly the civil procedural institutions had fallen far behind the current status of China's social development, they serious constraint people's fair, economic, speedy needs. To this end, in order to adapt to the changed social, in the comprehensive amendment of the civil procedural law, there were so many "element" which were compatible with the market economy concept inevitably put in it. The most prominent concepts in the market economy were freedom and private autonomy contract, so, it was too important to put in the concept of freedom...