On Litigation Contract

Civil litigation contract, refers to the agreements of parties of an action, in order to make legal effects, which directly or indirectly affects the lawsuit.The limitation lies in judgment, which has to indulge the agreements of parties of an action; the civil lawsuit's object is the dispute of "private right" between equal subjects, which makes the principle of freedom of contract on civil law can extend into the litigation law by the rights of disposition of the procedure's subjects; we presume that every court party is a reasonable man. and the litigation contract is exactly the choice of the procedure's subjects toward common benefits in adversary procedure; anymore, litigation contract is expected to be achievable at the goals of individual, nation, society, but the limitation of reasonable man and the contradiction of benefits causes the disappearance of some litigation contracts' legal effects, therefore, the "legal" principal, promoting and supervision of judge is the necessary guarantee.In the light of realizing the idea and system of litigation contract the environment is either advantageous or negative. The effective ways to realize litigation contract are to enhance quality of judges, cultivate civilian ideology of legal subject and reform the civil litigation pattern.