On Civil Litigation Contract

Civil litigation contract, refers to the consensus between the interested parties who take producing the effect of procedural law as purpose.Civil procedural law has an important position in the process of structuring harmonious society because of its mission and duty of resolving the dispute, removing the contradiction and defending society justice. How to melt with"harmonious"idea to enter civil procedural law and the trial practice and make it serve harmonious society is a problem that needs us to discuss beyond doubt when we are preparing to revise civil procedural law. The author thinks that the contract is a good carrier of putting the"harmonious"idea into effect because it has the characters of equality, liberty, fairness and cooperation and contains the spirit of running after the double-win and harmony. At the meanwhile, the contract is also a good carrier of procedural pattern changing from authority doctrine to party doctrine.As the contract in the private law, whether can it enter the civil procedural law in the public law as well as how do it? The author thinks that procedure main principle, punishment principle and procedure chosen system in the civil procedure law provide with the theoretical support for contract's implantation. The theory of the three kinds of procedural relation, which is the trial legal relation between party and court and arguing the legal relation between parties, provides the supports in theory as well as in handling for this implantation, which is the point of penetration of the contract entering the legal action.The contract meets the demands of times and social development because of its characters of equality, liberty, fairness and the spirits of running after the double-win and harmony, which determines its strong life-force and permeation. We should get rid of the constraint of the traditional theory, try to establish and develop the theory of the lawsuit contract in the field of the procedural law and strengthen its research in judicial practice, which makes civil procedural law in our country be put effect into practice more well. For this purpose, the article expounds the important condition, effect, restriction of contract and its concrete manifestation in the procedural law of our country at the meanwhile of discussing theoretically.