On The Construction Of Legal Contract System

Along with the establishment of market economy system, the unceasing advancement of civil judicial reform, and the consummation of related procedure law theories, the litigants' will is more and more respected, and the litigation contract starts to be taken seriously in our country. The litigation contract refers to the agreement between the civil subjects which will exert some kind of influence on the civil action or the enforcement procedure directly or indirectly. The litigation contract has manifested litigants' procedure main body status and has implemented the civil law autonomous thought. It contains the pursuing win-win and harmonious spirit, and conforms to the time and social development request.This article can be divided into three parts. The first part carries on the comparison and analysis into the concepts of litigation contract and contract, then has defined the nature of litigation contract, clarified the potency of litigation contract, and discussed the responsibility of the litigant who violates the litigation contract as well as the relief for slight defects in litigation contract, which has laid the foundation for afterward elaboration. The second part has carried on the analysis of the theory basis and reality basis for the litigation contract in our country. The author believes that the litigation contract is the extension of the civil law autonomous principle in civil action, and the powerful manifestation of procedure independent principle. The third part is the key point in this article. The author has carried on the induction and discussion on the present legislative and practice situation in our country's litigation contract, analised the reasons, and proposed a concrete plan of constructing litigation contract system in our country. Finally, the author proposed some regulating rules and measures to the litigation contract.