试论诉讼契约的法理基础

在经历了从"否定说"到"肯定说"的转变之后,诉讼契约已经成为民事诉讼的基本理论问题之一。承认诉讼契约已是现代民事诉讼的大势所趋,它不仅体现了"意思自治"原则和精神的要求,并且在民事诉讼程序中,还与当事人主义的民事诉讼模式,解决纠纷的诉讼目的,当事人之间的争讼法律关系有着必然的联系。

On The Jurisprudential Bases of the Litigation Contract

After the change from negative to positive theory, the litigation contract has become one of the basic theories of civil procedure law. Confirming litigation contrac has been the modem trend of civil litigation. It not only embodies the request of the principle and spirit of idea autonomy, in civil proceedings, but also has inevitable relations with the litigation mode of adversery system, the proceeding purpose of dispute settlement, and the adversery relationship between the parties. As a result, we should confirm litigation contract.