On The Litigation Contract

Civil litigation contract refers to the agreements of parties of an action, in order to make legal effects, which directly or indirectly affects the lawsuit. The civil lawsuit's object is the dispute of "private right" between equal subjects, which makes the principle of freedom of contract on civil law can extend into the litigation law by the rights of disposition of the procedure's subjects.This article is made up of four parts. The content of the first part is about the conspectus of litigation contract, author first analyzed the conception of litigation contract ,then compared it with some other conceptions, at last, defined the character of litigation contract as the foundation for the later treatises. The second part is about the jurisprudence base reality base and value analysis for litigation contract. This part emphasized environment of institutions and inevitability of litigation contract. The third part is about classification and status quo of litigation contract in the world. The last part is the core of the content, mainly concerning the construction of the system of litigation contracts and current exist problem in China . The material measures are as follows: establish the theoretical system and lawsuit principle of litigation contract, and benefit from the various sorts of international advanced experiences. In the end, author set up some restricting measures on litigation contract.