On The Civil Litigation Contract

The civil litigation contract is an act to handle the rights that meets the desire of the parties. It highlights the procedural subject status of the parties, implements the idea of the procedural autonomy, meets the demands of the diversified values of the parties, realizes the dream that the disputes are harmonious and can be solved successfully and lessens the damages and attacks of the disputes to the society. However, people often doubt the possibility to set up litigation contract in the civil procedural law. Actually, although the procedural law has a nature of public laws, it does not hinder the formation of the litigation contract. The agreement in the public and private laws is completely the embodiment to of the equality between the handling principle of the parties and the legal litigation. It is an extension of the freedom of contract of the parties and the autonomy of desire in the scope of public laws. In this thesis, the author sets up the theory of civil litigation contract and learns from the relatively mature theoretical system of the civil litigation contract in the continental legal family, and probes into its transformation and improvement. The author holds that the civil litigation contract should be unique not only in the composition for the contract to be valid and the system of validity as well, but also different in nature owing to various forms. On the basis of this, the author divides the civil litigation contract into the litigation contract for handling procedural rights and interests, the litigation contract for handling statutory rights and interests and the mixed litigation contract. In addition, the author maintains that the three litigation contracts have their own characteristics. He makes a theoretical discussion on the procedural alternative contract, the contract to cancel litigation and the compromise of litigation as well so as to set up a more reasonable system of litigation contract.