Discussion On Contract Of Civil Procedure

There was a public administrative innovation where its goal is to let loose, decrease cost, and advance efficiency in western countries along with the economic globalization. In the field of nomacracy, it behaved with meanings of private law that was used in public law. The dispute was settled by civil procedure law to dispute about private rights between equalities and the freedom of contract where principle is extended by the rights of disposal in procedure law. In this situation, the contract of civil procedure grew up.Because there isn't enough attention to the contract of civil procedure in academe, we have nothing to do. However, when some sort of the contract of civil procedure appear in the normal life, then it is totally needed to consummate our system of contract in civil procedure.This article has four parts. The first part is to introduce general theory of the contract of civil procedure, which includes the origin, growth, concept, and character of the contract of civil procedure. The contract of civil procedure directly or indirectly puts influence onto the civil dispute or executive procedure which is going on in order to get reach agreement. The second part is about the necessity of the contract of civil procedure. It is the necessity of relativity of public law and private law and public law turning into private law. The third part is to introduce the appearance form just about several kinds of the contract of civil procedure. The forth part is the soul of the article. It is about constructing the contract of civil procedure in our country. The two innovations are faith and system. The innovation of faith is to build up the principle of honest and credit, to defer to the main body's rights of choice in procedure, to set the new concept of deferring to equality's agreement. The construction of the system is to extend the use scope of domination agreement, to increase executive enforcement to the compromise agreement, and to perfect the correlative law of choice of simple procedure.