China Civil Construction Of The Contract System

This paper is divided into three parts, the first part of the concept of contract litigation. focus on the nature and effect of law, and litigation and lease contracts are analyzed and compared. First of foreign scholars on civil litigation lease on the definition and analysis Contract litigation accurate definition: on the way to agreement between the parties to the proceedings and related matters directly or indirectly, in the present or future litigation or enforcement proceedings to have an impact on the judicial actions. Again nature of the legal proceedings discussed the three contracts concluded contractual nature is different from civil proceedings and the proceedings are different, but the nature of a quasi-judicial actions. From this path, then deduced litigation — to lease space for the two parties to the binding effect and binding on the court. Meanwhile, civil litigation and contracts and leases from the perspective of the potential litigation, reveals both the content and effectiveness of different.The second part focuses on the ills of our existing civil litigation lease out many times and guide values. Contract litigation can be overcome to some extent the use of the statutory limitations. no procedural provisions in the gray area of self-guided clients, can effectively resist the jurisdiction of the Court to intervene. Can prevent the abuse of judicial interpretation, it may reduce the civil confrontation. Therefore litigation lease its existence value, the value is mainly manifested in its feasibility legitimacy, efficiency and fairness. Exposition from the negative nature of the legal proceedings in the contract regarding the fairness and stability of the numerous limitations, proof of the need to limit lawsuits and leases a modest restriction.The third part of the focus of this paper is mainly to discuss the litigation is the construction contract. Specific ideas for action: First, to establish the legal framework for the main construction contract, general provisions, Then there have discussed our system of civil litigation, and changes in the transformation of the system after completion of legal proceedings and other relevant legislation should be our form ofaffirmative action contracts. Consequently proposed to meet the ever changing requirements, Legislative action in the form of lease agreements to be institutionalized at the same time, the system should be kept as open.