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随着民事诉讼当事人主体地位的提高,法院职权主义干预的减弱,以及诉讼当事人自主意识的增强,诉讼契约思想日益进入民事诉讼理论中,但由于其是一个新生事物,不少基本理论问题需要深入研究。文章从民事诉讼契约的兴起缘由、含义、与实体契约的区别和民事诉讼契约的要件以及效力等方面,进行了探讨,以期为民事诉讼契约在我国民事诉讼法理论中茁壮成长,尽点微薄之力。
With the improvement of the subject status of the civil litigants, the weakening of the intervention by the court authorities and the increase of the litigant’s sense of self-awareness, litigation contract ideas have increasingly entered the civil litigation theory. However, due to its new nature, many basic theoretical issues need further the study. This essay explores the origin, meaning, difference between the contract of the civil contract and the elements of the civil contract and its validity, and so on, in order to thrive the contract of civil litigation in the theory of civil procedure law in our country. force.