Research On The Legal Problems Of Non Prosecution Contract

The non-prosecution of contracts is a consensus reached by civil entities in respect of disputes that have been developed or may occur,and after the redistribution of the entity's rights and obligations in disputes,the exercise of the right to action arising from the dispute over substantive rights.The non-indictment contract is the free disposal of the civil subject based on the principle of autonomy of the dictatorial right.The concept of the irreconcilable right of the civil litigation theory in China has no effect on the claim that the non-prosecution contract does not have a legal basis and has no legal effect.However,judicial adjudication has gradually emerged the tendency of acknowledging the legal effect of not prosecuting contracts,resulting in contradictions in the determination of the legal validity of non-prosecution contracts in judicial practice.Theoretical disputes have caused confusion in judicial decisions and have undermined judicial authority.Taking this as an opportunity,this paper intends to review the legal validity of the non-prosecution contract by combing the theory of the right to appeal and borrowing from the theoretical results of non-prosecution contracting in foreign countries.The first part of this paper is to define the concept of the non-prosecution contract and propose the problem.The structural analysis and definition of the not-indicted contract concept.In the part proposed in the issue,we point out that the shortcomings in our country's civil litigation theories lie in the absence of procedural vacancy and the misunderstanding of the right to complain;through the analysis of a series of representative judicial cases,it reveals the existence of chaos in non-prosecution cases in China's judicial decisions.For example,Whether the litigation right can be discriminated unclear,the effectiveness of the non-prosecution contract is not accurate,and the standard of non-indictment contract review is confusing.The second part is about the theoretical foundation of non-prosecution contract.This part mainly analyzes and demonstrates the legality,rationality and necessity of non-prosecution of contracts in theory.Combating the theory of litigation and litigation rights,the argumentation of litigation rights as a specific procedural request right has punishability,and never sue litigation to reflect the autonomy of private rights,the purpose of civil litigation settlement,and the rational person's perspective in order to seek a rational basis.What's more,it tries to seek the basis of necessity by optimizing the allocation of judicial resources and ensuring the improvement of judicial efficiencyThe third part is about the non-prosecution contract nature.This part analyzes the nature of the non-prosecution contract by analyzing the non-prosecution contract and the litigation contract under the framework of the litigation contract from both the purpose and the will.The fourth part analyzes the construction path of non-prosecution contract system.This part proposes to guide theories and judicial decisions by establishing the concept of disposability of procedural rights,clarifies the legal effects of non-prosecution contracts by using the guiding principles of the Supreme Court as the path,and falsifies the procedures and standards of non-prosecution contracts,and stipulating the prohibition of non-prosecution of contracts.The field of application is to propose an approach for constructing the path of not instituting a contract system in China.