Compact System Of Civil Procedure

Lease areas traditionally belonging to private law is an important civil law concept, little use of public law. As a result of China's relatively weak tradition of private law, together with the public and the statutory right to the traditional theory of the influence on the desired subject matter of litigation on the very lack of legislation and research. However, with the deepening of market economy development, it is self-awareness, enhance participation in the progressive sense, especially the concept of contract in the value of public law and deepens the understanding of litigation more and more attention to the lease. Of our scholars concerns civil contract that began in 1996, Professor Jiang Wei in the "Market Economy and Civil Procedure Law of the mission" a text for the first time addressed the issue of contract litigation, so that the concept of contract lawsuit the first time, the Civil Procedure Law in China academic perspective, to the Civil Procedure Law of China's academics began to ponder the existence of the value of contract litigation and significance. Since then, many scholars have embarked on a civil contract research, their article focuses on the concept of civil contract, the legal basis, nature, types, etc., but the elements of civil contracts, the effectiveness of specific forms of civil contracts Study less. In addition to theoretical studies, the existing Chinese laws have similar provisions of civil contracts, such as the agreement governing the implementation of reconciliation, the agreement system of selected experts, the agreement such as evidence-exchange system. These systems have the proceedings of the surface characteristics of the lease, that the consensual nature of the two sides. But they are not the true sense of the contract litigation, because legislation does not provide conditions for its formation, the implementation of the rules, "default" by the consequences of contract lawsuit should be the main content.Civil contract between the parties refers to a civil action to, directly or indirectly, the current or future civil action or enforcement of the facts and other matters of procedure to impose some kind of impact the law will certainly lead to the desired effect for the purpose. Through the distinction between acts and private acts of the proceedings, object to the effect of procedural law on the basis of division of legal action that should be the content will be judged by standards, the lease will be vested in a civil action for legal action. This stage, China's socialist market economy, in-depth development of the civil justice reform step by step, public and private mutual melting, infiltration, and China's current building a harmonious socialist society for the environment and so on civil contract system in China's the creation and development conditions. The main principles and procedures, democratic principles of justice, the principle of judicial fairness and efficiency and the right to appeal and the jurisdiction of the theory of constraints are mutually supporting system of the theory of a civil action based on contract. Civil contract of the legal effect after the entry into force as follows: in the civil contract of the parties after the entry into force, the courts are binding on the parties to have a presumption of fault liability for breach of contract. Contract not to prosecute, the civil jurisdiction of the lease, the Civil Evidence lease, contract reconciliation, such as the implementation of Civil Procedure are the specific manifestations of the lease.