On The Civil Litigation Contract

The civil litigation contract is concept put forward by the scholars incontinental legal family. It refers to the agreements of parties of an action,in order to make legal effect, which directly or indirectly affects the lawsuit.It is an act to handle the rights that meets the desire of the parties. Ithighlights the procedural subject status of the parties, implements the ideaof the procedural autonomy, and lessens the damages and attacks of thedisputes to the society.The civil litigation contract was deeply discussed by the scholars incontinental legal family such as Germany, Japan and France, however,Chinese civil litigation scholars have paid scant attention to litigationcontract. In our judicial practice, some people reached civil litigationcontract, in order to affect the civil procedure, however, there are not rulesin the law. So their wish can not be reached. There are three chapters in thispaper expect foreword and epilogue.Chapter one is introduction of the civil litigation contract, includingthree parts. The first part is the concept, the speciality and the form of thecivil litigation contract. The second part is about how the litigation contractcomes into existence and becomes effective. The third part studies thecharacter of the civil litigation contract.Chapter two compares the civil litigation contract of the common lawsystem and the continental legal family, points out their similarities anddifferences, and analyzes the reasons for the similarities and differences.Chapter three is about the litigation contract in our civil litigation lawand judicial practice, and its reformation. This chapter points out the inadequacies of the litigation contract in our country, analyzes the reason ofthe problem, and makes some suggestion to reform it.