Research On Civil Litigation Contract System

With the transformation of the economic society,the freedom of contract and the autonomy of private law have become the basic demands of civil procedure law in modern society..For a long time,the traditional authoritarian litigation mode has shrouded China's civil litigation.The parties have seriously lacked the ability to lead the procedure,which has led to the inability to resolve disputes in the face of increasingly complex social conflicts.The introduction of this system into China's civil procedure law on the one hand reflects the development trend of the litigation model that weakens the powers of judges and strengthens the subject's subject status.The civil litigation contract system has been studied in China for a short time,and a complete system has not yet been formed.There are many problems in theory and practice that need to be resolved urgently.Therefore,the purpose of writing this article is to explore the specific measures to improve the civil litigation contract system in China through a theoretical analysis of the civil litigation contract system.This article first expounds the basic principles of the civil lawsuit contract,solves the problems of concept,nature and jurisprudence,and lays the foundation for the subsequent discussions.Secondly,by analyzing and discussing the types,effects,and reliefs of civil litigation contracts,we can find the fundamental reasons that restrict the development of our civil litigation contract system.Through a comparative study of the civil law contract systems of the two major legal systems countries,the legal provisions on the types,effects,and remedies of the defects are summarized,and the enlightenment of the improvement of China's civil law contract systems is analyzed,leading to the last part of the explanation-namely,construction The thinking of China's civil litigation contract system is the theoretical foothold of this article.Contrast the civil litigation contract systems of the two major countries and regions of the legal system,analyze the main problems existing in China's current civil litigation contract system,and start from the three aspects of type,effectiveness,and remedy,and make specific suggestions.Legislation should continue to expand and refine the types of litigation contracts,give the parties greater autonomy in litigation,continuously refine the effectiveness of litigation contracts,reasonably allocate relief against defective litigation contracts,and hope to establish a sound civil litigation contract system faster.