Research On The Civil Litigation Contract

The civil litigation contract, refers to the agreements of parties of an action,in order to make legal effect, which directly or indirectly affects the lawsuit. The litigant is"the rational person"and the limitation of the trial as well as referee's promotion, which are the social background of the civil litigation contract. The public law's contract, the prolongation of private power autonomy as well as the principles of the procedure's body in the lawsuit were academic foundation of the civil litigation contract.This article analyzed various theoretical opinions about the character of the litigation contract, and through distinguishes the lawsuit behavior and civil juristic behavior, the author opposed to divide the lawsuit behavior take the procedural law's effect as the foundation, thought must take the judgment standard by the content of will. So should determine the character of the civil litigation contract as the lawsuit behavior. The author analyzed the condition of the existence and effect, about litigation contract, thought the availability contacts inhibit parties and judge, the parties who violated the contract should undertakes the responsibility.Last part is about the evidence contract and the giving-up indict contract. It expounds the evidence contract concept, the existence right, the characteristic and several concrete evidence contracts. Analyzed the definition, condition of validity and legal effect of the giving-up indict contract. Finally, the article carried the introduction and the evaluation on the system of choose the judge, and thought this system is not suitable for our country land area.