| In order to respect parties’ status of procedural subject and right of action,civil procedure law in various countries including China accept the legality of many kinds of civil action contracts.The status of civil action contract is getting more and more attention.At present,there are so many researches about civil action contract theory in China,while there exists some problems.Starting from the systematization of the concept of civil action contract,this paper intends to explore the basic theoretical issues of civil action contract with the idea of "concept-theoretical base-typology-important elements",hoping to produce some positive effects on the theoretical research.This thesis is divided into four chapters.The first chapter is "the Disclosure of The Concept of Civil Action Contract",which defines the abstract concept of civil action contract and puts forward the theoretical dilemma of the abstract connotation.The civil action contract refers to the agreement reached by the entitled subject in the civil action concerning the legal relationship of the civil action and the beginning,alteration and elimination of the process of the civil action in order to produce certain effect in the procedure law.“Abstract – inclusion” method has limited effect in revealing the concept of civil action contract.The second chapter is "The Theoretical Basis of Civil Action Contract",which takes the theory of substantive civil procedure law and the principle of discretion asthe theoretical basis.The substantive civil procedure law is about the legal relationship of litigation and about the formation of the litigation of civil legal relationship.The boundary of the principle of discretion is decided by the relationship between the disciplinary power of the parties and the judicial power.We should take the exercise of the right of discretion by the parties as the principle,and limit the exceptional state intervention to a few or special cases.The third chapter is “Types of Civil Action Contracts”.This chapter is to analyze theoretically the methods of classifying civil action contracts.On the basis the content of the contract,civil action contracts can be divided into purely procedural standard of civil action contracts,contracts about legal relationship and contracts about the legislation formation of a civil legal relationship.As for the "mixed civil action contract",as some scholars called it in their research,this chapter holds that there is no particularity in itself,and the three single types are enough to cover the characteristics of different types of civil action contracts,so it is not necessary to separate the civil action contract with two or more characteristics into the "mixed civil action contract".The fourth chapter is “the Elements of Civil Action Contract”.This chapter will clarify the disputes in the formation,effectiveness and performance of civil action contract,and will reprove the establishment requirements,effectiveness requirements and performance of civil action contract.At the end of this chapter,the contract of electronic service,the contract of withdrawal and the contract of limitation of action are listed as the three types of civil action contracts respectively,and the application of the theory of essential elements of civil action contract in practice is discussed.The establishment requirements of the civil action contract include the subject requirements,the agreement requirements,the object requirements and the purpose requirements.The effective conditions of the civil action contract include the ability condition,the legality condition,freedom of expression of the will of the contracting body,the conditions expressed to the people’s court and the special conditions.Theeffect of civil action contract on litigant,People’s Court and the third party as the main body of the contract is different. |
