On The Litigation Contract

Along with the establishment of market economy system,the unceasing advancement of civil judicial reform,and the gradual 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 harmonious spirit,and conforms to the time and social development request.This article can be divided into three parts.The first part has drawn a comparison of the concepts between litigation contract to contract,then defined its legal nature,clarified its elements,and discussed the legal potency of flawless 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 value for the construction of litigation contract system in our country.Through the comparison of the present legislative situation of litigation contract in our country to other countries,clarified the problems of our country's litigation contract,discussed theoretical and practical value of the construction of our country's litigation contract.The third part is the key point in this article.On the basis of the analysis of the basic theories and the construction value,the author has proposed a concrete plan of constructing litigation contract system in our country.Firstly,the relative basic theory should be constructed;secondly,the unreasonable civil contract in our existing system should be improved;Thirdly,we should learn advanced experience of other countries,and expand the type of China's civil contract;finally,in order to protect the litigation contract system running smoothly,the author proposed some regulating rules and measures to the litigation contract.