Not To Press Charges On The Civil Contract

Although it's not a hot spot in the field of civil litigation in our country, civil litigation contract was deeply discussed by the scholars in continental legal system. Today, there are some kinds of litigation contract appearing in our administration of justice. Because lacking of prescription in the present law, how to deal with them is a great. trouble. The contract for giving up the right of action, which I want to discuss today, is one of these civil litigation contracts. Is it necessary for our to building some institutions about the contract for giving up the right of action is the key of this dissertation.First, the dissertation introduced the conception of the contract for giving up the right of action by analyzing the conception of litigation contract. In short, contract for giving up the right of action, refers to the agreements of parties to abandoning the chance of obtain relief by the way of judicature. The limitation lies in judgment; the civil lawsuit's object is the dispute of "private right" between equal subjects; we presume that every court party is a reasonable man; the aim of the civil procedural law and the rights of disposition of the procedure's subjects; make it's necessary to allow the litigants to sign a contract for giving up the right of action.The second part of the dissertation analyzed various theoretical opinions about the litigation contract's character through distinguish the difference and the same between the contract adjusted by the civil law and the contract for giving up the right of action. The author considers that the contract for giving up the right of action belongs to the act of civil litigation.Then the dissertation go further into the establishment elements and effect factors of contract for giving up the right of action. The effective contract can restrain the court and parties. But the effective contract for giving up the right of action may be coming with some problems in the practice. Such as, somebody believes that the contract for giving up the right of action goes against with the principle of equality and the principle of good faith. The article expounds these problems. Then the author points out that our civil procedural law should admit this kind of contract at the last part. Certainly, the contract for giving up the right of action should be restricted by the law and some kinds of principle to insure that the institutions of the contract are full of vitality.