Practical Problems Of Non-Prosecution Contract And Their Solutions

The non-prosecution contract as one of the civil litigation contracts has long existed in judicial practice.The parties reached a non-prosecution contract by agreement to exclude the court's jurisdiction over civil cases,so as to resolve civil disputes more quickly and avoid litigation by the parties.In order to maintain good social relations.The non-prosecution contract is a waived litigation contract,which is a mutual agreement between the parties to the dispute and is reached in an express manner.However,because China's Civil Procedure Law and related judicial interpretations do not provide for non-prosecution contracts,there are also imperfections and unreasonable aspects in the relevant systems.As a result,courts at all levels and courts in various regions have tried There are inconsistencies in the validity of the contract.By searching and selecting representative judging documents on the Judgment Documents Network,and using case analysis methods,it is found that the non-prosecution contract has the following major problems in judicial practice:First,the court has inconsistent determination of the effectiveness of the non-prosecution contract,and there are differences and contradictions,Causing confusion in judicial decisions;secondly,the non-prosecution contract concluded by the parties does not comply with the norms,making the concluded non-prosecution contract invalid or showing fairness,which makes it difficult for the court to approve;finally,after the non-prosecution contract is concluded,there are some The parties to the contract breached the contract and filed a civil lawsuit in the court,and the rights of the parties to the contract were not relieved,which harmed their interests in concluding a non-prosecution contract and were not conducive to the development of a non-prosecution contract system.Therefore,in this context,in order to better solve the problems in the above judicial practice,it is necessary to analyze the causes of the non-prosecution contract practice problems.The inconsistency of the court's determination of the effectiveness of the non-prosecution contract is mainly due to the lack of the existing rules of the non-prosecution contract.Due to the lack of legal provisions in the trial of such cases,the judges failed to fully respect the free disposition of the parties 'right to sue,leading the court Unspecified non-prosecution contracts are difficult to determine;the non-prosecution contracts entered into by the parties do not meet the norms,mainly due to the parties 'insufficient litigation capacity and ability to conclude contracts,lack of legal knowledge and experience,and lack of assistance or guidance from legal professionals.An invalid or obviously unfair non-prosecution contract is concluded,which is not conducive to the settlement of disputes and the protection of the rights and interests of the parties;after the conclusion of the contract,some parties often bring civil lawsuits for breach of contract,mainly because the breaching party has not followed the concept of good faith and integrity The lack of ideas makes the non-prosecution contract not well-observed and damages the development of the non-prosecution contract system.By analyzing the causes of the practical problems of the non-prosecution contract,the rational construction of the non-prosecution contract can be carried out from the following aspects.First of all,it must be incorporated into legislation to clarify the legal effect of the non-prosecution contract,so that the non-prosecution contract is recognized and recognized by the Civil Procedure Law Protection;followed by reasonable regulation of the application of the non-prosecution contract,at the same time,the defaulting party's default cost is very low,to determine the scope and principles of the conclusion of the non-prosecution contract,to better guide the parties to enter into the non-prosecution contract;Provide reasonable relief to protect the lawful rights and interests of the parties to the contract.Through rational thinking on the solution to the non-prosecution contract,so as to clarify the factors that the court should consider when reviewing the non-prosecution contract in judicial practice,in order to better respect the parties 'freedom of settlement of civil disputes,protect the parties' legitimate rights and interests,and continuously promote the non-prosecution contract Even the stable and orderly and healthy development of litigation contracts.