论诉讼契约的性质

The Analysis to the Nature of Litigation Contract

就诉讼契约性质而言,以是否为立法或司法解释所规定为基准可分为两类。对于立法或司法解释明文规定者,为诉讼行为;对于未规定者,为私法行为。既不存在诉讼行为与私法行为并存形态,也不存在既非诉讼行为也非私法行为的例外形态。

As far as the nature of the litigation contract is concerned, we can classify it to two sorts according to whether it is prescribed by the legislative or judicial interpretation. What the legislative or judicial interpretation expressly provided is litigation conduct; the absence of such provisions, is private conduct. There are neither legal action coexist with the pri- vate behavior patterns, nor are there excepted forms that are not legal action or non-private conduct.