Abstract：The right of action is the subjective right in procedural law.Under the premise of not violating the procedure law, the
parties have the right to freely dispose of the right of action according to the principle of autonomy of will.The contract
is an expression form of the parties to dispose of the right of action.The civil judicial practice of our country has
recognized the legitimacy of the contract of right of action, and has formed some mature judicial experience.It is clear
that the theories such as the constitutional right of action and the human rights of action are not in conformity with the
empirical knowledge.The legal theory and judicial practice of France, Germany, Japan and other civil law countries are
consistent with the judicial experience in China.Our civil action theory has failed to meet the requirements of judicial
practice.In the civil procedure research, the problem of“theory divorced from practice”needs to be changed.
巢志雄. 民事诉权合同研究
——兼论我国司法裁判经验对法学理论发展的影响[J]. 法学家, 2017, 0(1): 32-47.
CHAO Zhi-Xiong. Research on the Contract of Civil Right of Action: The Influences of Judicial Experience on the Development of Legal Theory. , 2017, (1): 32-47.
2017, 
