A Study On Civil Non-statutory Procedural Contract

Although the traditional theory does not recognize civil procedural contract. But now, gradually blurred boundaries of public and private law, private law on the freedom of contract used in civil procedural law field is feasibility and necessity. In china the current <civil procedural law>,it has statutory civil procedural contract such as Jurisdiction agreement, an arbitration agreement, executive reconciliation and so on. However, the type of civil procedural contract should not be limited to the specific recognize in civil procedural law. It is the way to transform civil procedural model. And the way to be maintains civil procedural harmony. It is benefit to reduce the society cost. It is benefit to reinforce function of civil procedural. This article introduces the concept of civil procedural contract, and introduces the theory development. This article also Analysis of the nature of procedural contract, in theory effect of procedural action. And analyze the concern of private law action and bewirkungshandlung. This article advocate the Concept of Binary procedures. It is used to determine the nature of procedural contract. Compares two legal system, and analysis the experience of legislating to choose judge in Taiwan. Advocate the Elements Non-Statutory Procedural Contract is include the benefit of the action. In the question of procedural contract affection and the way to Defects Relief, Determined opposition from the nature. Advocate to analyze The relationship between the parties and the Court to solve the problem.