Research On Civil Litigation Contract

Civil litigation is a kind of activity in which power is used to solve the civil disputes. In a long time, our country emphasized too much on the power which played an important part in solving civil disputes, and neglected that the character of civil litigation is solving private disputes. This kind of tradition made that litigation contract didn't play any part in the course of litigation. In current reform of civil trail mode, it is necessary to make civil litigation contract an important part of our civil litigation law. In this paper, the author studies the theories of litigation contract, introduces the legislation of litigation contract in other countries, and at last suggests that civil litigation contract should be prescribed in our civil litigation law. There are five chapters in this paper except foreword and epilogue.Chapter one is an introduction of the concept of contract and civil litigation contract. The author points that civil litigation contract is a kind of contract, it is similar to the civil contract in character.Chapter two is a study of the theory of litigation contract, including the character of litigation contract, how it comes into existence and becomes effective, how to relief when it is breached, and the restriction of the litigation contract.Chapter three analyzes why litigation contract should be brought into our civil litigation law and the feasibility to do so. The development of market economy demands that contract inspirit is brought into civil litigation. The reform of civil trial mode requires the contract inspirit in civil litigation. The relativity of public law and private law makes civil litigation contract feasible. Freedom of contract and the disposal rights of two parties form the base of the civil litigation contract.Chapter four introduces litigation contracts in other countries' legislation. They can be used for reference.Chapter five is the core of the whole article. The author tables a proposal that civil litigation contract should be brought into our civil litigation law. First, litigation contract should be treated as a principle of civil litigation. Second, it is necessary to restrict litigation contract according to the disposal rights of the parties. At last, relief system should be prescribed to assure the fulfillment of litigation contract between two parties.