On Giving-up Indict Contract

The giving-up indict contract is the subordinate concept of civil litigation. The parties would dispute an agreement and promised not to the situation is usual in the judicial practice. However, they are not involved in the practice of the contract, the prosecution of civil procedure law and relevant judicial interpretations. The giving-up indict contract only as a kind, is attached to civil litigation. The giving-up indict contract had already gained recognition in the continental law system of Germany, Japan and Taiwan precedent. Theory horizon abroad to the giving-up indict contract research has been more mature, also the judicial practice. However, our legislation for civil building is not to indict the contract system movement. This in mind the concept of the contract and theoretical basis, not to indict the contract the nature of the contract will not take it out of the law applicable, analysis and comparison of the relevant legislation, to explore the application of foreign proceedings are not to legislate to improve the path of the contract.The text of the total is divided into seven parts. The first section to four analyzes the general theory of the contract. Begin with the contract is the contract of the concept of conflict not to indict and the concept of the contract. Private law, the autonomy of the parties to assume that position, rational and diversity of the dispute settlement mechanism is the soil of the giving-up indict contract. The other based on the principle of honesty and trustworthiness and predictability principles, not to indict the contract system is also applicable range constraints. Arbitration agreement is not imputable to the contract will be a category, not to indict the contract with the arbitration agreement, there are differences and links. Right to lodge appeals as of the rights of property that can dispose of the parties could not take it through the contract.The fifth part of the civil action by the contract the nature of the main point in dispute between action and private laws on the basis of acts that should be in accord as a judge of character not to indict the contract standard, will not take the division for action and private laws act the coexistence of the contract, this is because the contract itself at the same time are two types of behavior, that is action and private laws. Vi of gats on the nature of the contract is not clarified the premise for the establishment of the contract with the effective elements of a general outline, and further analysis and not take effect after the contract of the legal effect. The last part of the contract system in our civil procedure of the building of the discussions. In the analysis of our prosecution system is not the status of specific conflict and build our prosecution system is a necessity and practicability, and on learning not to indict the contract system, the relative maturity of Germany and the Taiwan experience systems on the basis of the building of our prosecution system is not a concrete path.