The Jurisprudential Basis Of The Model Litigation Contract And Its Legal Application

Civil litigation system in our country has long been under the leadership of authoritarianism,and the parties lacked the leading ability of the procedure,which caused the existing system to be insufficient in solving increasingly complex social contradictions.The model litigation contract strengthens the party’s discretionary choice,which is conducive to saving judicial costs,improving litigation efficiency,and highlighting unique advantages in the way of diversified dispute resolution.Through the Daqing Lian Yi case,the shortcomings of civil litigation system in dealing with this group of disputes,as well as the enlightenment of the possible legal effects of the model litigation contract,are derived,which leads to the introduction of the model litigation contract.Firstly,it introduces the concept and nature of the litigation contract.Secondly,it analyzes and defines the concept of the model litigation contract and the academic dispute about whether the existence of the model litigation contract has legitimacy.Then it describes in detail the contents of the model litigation contract.In addition,it discusses how the litigation contract can be related to the statute of limitations,the right to dispose,the name of execution,and the agreed model procedure under the existing laws of our country.The model litigation contract has mature practical experience in the civil law system of Germany.Although the Anglo-American legal system does not have very clear legal provisions like the civil law countries,it The doctrine of litigation based on doctrine also allows us to see the characteristics of fully demonstrating the autonomy of the parties and reaching a model litigation contract.There are many group litigation cases in China,and the existing representative litigation system is ineffective.Group litigation cases are not well resolved under the existing laws.Therefore,the purpose of this paper is to introduce how to use the model litigation contract to supplement the existing civil litigation system dispute resolution method by introducing the model litigation contract and analyzing the foreign model litigation contract practice and regulations.Figure 0;Table 0;Reference 45.