| The compromise contract is a new type of civil contract.Its establishment must have concessions and contracting parties’ mutual concessions.It is special than the 15 kinds of famous contracts in the "Contract Law".Chinese laws and regulations have always lacked such contracts.The norms have brought a lot of controversy and inconvenience to practice.First of all,the scope of application of the compromise contract is not limited to civil disputes.Some disputes involving civil rights and obligations in labor disputes and criminal disputes also allow the parties to resolve the dispute through compromise contract.Secondly,there is a big difference between compromise contract and settlements in litigation.It is essentially a private law contract with confirmation effectiveness and creation effectiveness.The negotiation and conclusion of the compromise contract is the agreement between the equal subjects.It can only restrain the parties to the contract and cannot produce the effect of enforcement.When the compromise contract conflicts with the effective judgment,it should be analyzed according to the specific circumstances.relationship.Finally,this paper analyzes and solves the current problems in the definition and effectiveness of the compromise contract,and combines the provisions of Chinese"Contract Law",puts forward the concept,scope,characteristics and effectiveness of the compromise contract,distinguishing between reconciliation,mediation,The implementation of the settlement and non-prosecution agreement analyzes the reasons that may lead to the revocation of the compromise contract and the application of the compromise contract in the litigation process.It is hoped that the civil compromise contract system will be established to play the leading role of the civil subject in the dispute resolution. |
