Study On The Civil Evidence Contract

The civil evidence contract system is the product of the combination of democratic spirit and civil litigation procedure,which embodies the independence and autonomy of civil legal subject in the process of civil dispute settlement.Under the background of the transformation of civil litigation system in our country,the establishment of perfect evidence contract system is consistent with the value pursuit of litigation justice and benefit.This article in addition to the introduction,a total of three parts:The first part mainly analyzes the theory of civil evidence contract system.Civil evidence contract as one of the types of litigation contract is the parties to the litigation evidence or proof of the litigation has a direct or indirect impact of the intention.The nature of the evidence contract is a kind of litigation,which produces the effect of restraining litigation activities.The justification of civil evidence contract includes two aspects: the theoretical support of civil evidence contract and the system value of civil evidence contract.Civil evidence contract is the development of litigant lawsuit mode.The second chapter mainly analyzes the effectiveness and relief of civil evidence contract.As long as the formal agreement with the meaning of the expression,the civil evidence contract can be established.The contract is required to meet the eligibility of subject and the true meaning,it should not breach the legal law and damage the state interest,society interest or the interests of the third party,it shall be made in written form and shall not be subject to any conditions and it should within time limit.The final chapter mainly analyzes the situation of civil evidence contract in our country.Then,give some advice to try to solve these problems and improve our civil evidence contract.There are three main problems,the kinds of civil evidence contract are not enough in present law,the attention and awareness to civil evidence contract are not enough,the related system of civil evidence contract is lacking.Then,there are four advices to these problems.First,add the kinds of civil evidence contract.Second,improve the effectiveness and relief systems.Third,build the check system of civil evidence contract.Fourth,build the interpretation system of civil evidence contract.