On The Civil Contract

Law was a reflection of social relations, as the reflected social relations changed , law was bound to changed. So, it was too important to put in the concept of freedom and private autonomy contract .Without introduction , this paper including the three major parts :In the first part, the author defined the concept of "civil procedural contract" , it is a contract that the now and future dissensions happened between both the parties , in order to influence the civil procedural in civil procedural law and it's main effectiveness happened in procedural domain .explained the theoretical bases why civil procedural contract could be in existence , although the procedural law has a nature of public laws , it does not hinder the formation of the procedural contract . It is an extension of the freedom of contract of the parties and the autonomy of desire in the scope of public laws . Also , the civil procedural contract is different in nature owing to various forms .In the second part , the author concluded the procedural of the main countries or areas which belonged to the two law systems ,and concluded the homology and differentia in the two law system . At last , the author discussed what is the main reason .At the same time , the author concluded and discussed the actuality of litigation in china , in order to set up a more reasonable system of litigation contract . At last , the author discussed the configuration of the party's action—the limit of procedural contract , and lastly expatiate the disadvantages of litigation on contract , and prove the essentialness for setting up some districting measures on litigation contract .