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Geological and Mining Engineering

Geological and Mining Engineering (GME), published by Scineer Publishing PTE. LTD, is an open-access journal. GME is devoted to publish geological and mining engineering related articles in the form of original papers, review papers and case studies. It also provides a platform for scholars to exchange the latest information in the related fields and aim to promote the research on geological and mining engineering throughout the world. GME welcomes all original

ISSN: 3029-1887(P)

3029-2034(O)

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Food Safety and Quality

Food Safety and Quality (FSQ), published by Scineer Publishing PTE. LTD, is an open-access journal. FSQ is devoted to publish food safety and quality related articles in the form of original papers, review papers and case studies. It also provides a platform for scholars to exchange the latest information in the related fields and aim to promote the research on food safety and quality throughout the world. FSQ welcomes all original manuscripts that do not be published in any other journals.

ISSN: 3029-2115(P)

3029-2123(O)

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Hydraulic Engineering and Power Research

Hydraulic Engineering and Power Research (HEPR), published by Scineer Publishing PTE. LTD, is an open-access journal. HEPR is devoted to publish hydraulic engineering and power related articles in the form of original papers, review papers and case studies. It also provides a platform for scholars to exchange the latest information in the related fields and aim to promote the research on hydraulic engineering and power throughout the world. HEPR welcomes all original manuscripts that do not be published in any other journals.Â

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Â Â Â Â ISSN: 3029-2158(P)

Â Â Â Â Â Â Â Â Â 3029-2166(O)

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Medical and Health Research

Medical and Health Research (MHR), published by Scineer Publishing PTE. LTD, is an open-access journal. MHR is devoted to publish medicine related articles in the form of original papers, review papers and case studies. It also provides a platform for scholars to exchange the latest information in the related fields and aim to promote the research on medicine throughout the world. MHR welcomes all original manuscripts that do not be published in any other journals.Â

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Â Â Â Â ISSN: 3029-2190(P)

Â Â Â Â Â Â Â Â Â 3029-2204(O)

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Practical Medical Research

Practical Medical Research (PMR), published by Scineer Publishing PTE. LTD, is an open-access journal. PMR is devoted to publish medicine related articles in the form of original papers, review papers and case studies. It also provides a platform for scholars to exchange the latest information in the related fields and aim to promote the research on medicine throughout the world. PMR welcomes all original manuscripts that do not be published in any other journals.Â

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Â Â Â Â ISSN: 3029-2085(P)

Â Â Â Â Â Â Â Â Â Â 3029-2093(O)

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Forum on Research and Innovation Management

Forum on Research and Innovation Management (FRIM), published by Scineer Publishing PTE. LTD, is an open-access journal. FRIM is devoted to publish research and innovation management related articles in the form of original papers, review papers and case studies. It also provides a platform for scholars to exchange the latest information in the related fields and aim to promote the research on research and innovation management throughout the world. FRIM welcomes all original manuscripts that do not be published in any other journals.Â

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Â Â Â Â ISSN: 3029-1933(P)

Â Â Â Â Â Â Â Â Â 3029-1984(O)

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Construction Safety Technology and Management

Construction Safety Technology and Management (CSTM), published by Scineer Publishing PTE. LTD, is an open-access journal. CSTM is devoted to publish construction safety technology and management related articles in the form of original papers, review papers and case studies. It also provides a platform for scholars to exchange the latest information in the related fields and aim to promote the research on construction safety technology and management throughout the world. CSTM welcomes all original manuscripts that do not be published in any other journals.Â

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Â Â Â Â Â ISSN: 3029-2069(P)

Â Â Â Â Â Â Â Â Â Â Â 3029-2077(O)

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Industrial Technology Research

Industrial Technology Research (ITR), published by Scineer Publishing PTE. LTD, is an open-access journal. ITR is devoted to publish industrial technology related articles in the form of original papers, review papers and case studies. It also provides a platform for scholars to exchange the latest information in the related fields and aim to promote the research on industrial technology throughout the world. ITR welcomes all original manuscripts that do not be published in any other journals.

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Â Â Â Â ISSN: 3029-1895(P)

Â Â Â Â Â Â Â Â Â Â 3029-2026(O)

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Environmental Protection and Health

Environmental Protection and Health (EPH), published by Scineer Publishing PTE. LTD, is an open-access journal. EPH is devoted to publish environmental protection and health related articles in the form of original papers, review papers and case studies. It also provides a platform for scholars to exchange the latest information in the related fields and aim to promote the research on environmental protection and health throughout the world. EPH welcomes all original manuscripts that do not be published in any other journals.Â

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Â Â Â Â ISSN: 3029-1909(P)

Â Â Â Â Â Â Â Â Â 3029-2018(O)

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Artificial Intelligence Technology Research

Artificial Intelligence Technology Research (AITR), published by Scineer Publishing PTE. LTD, is an open-access journal. AITR is devoted to publish artificial intelligence technology related articles in the form of original papers, review papers and case studies. It also provides a platform for scholars to exchange the latest information in the related fields and aim to promote the research on artificial intelligence technology throughout the world. AITR welcomes all original manuscripts that do not be published in any other journals.Â

Â Â Â Â ISSN: 3029-1968(O)

Â Â Â Â Â Â Â Â Â 3029-195X(P)
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Curriculum Learning and Exploration

Curriculum Learning and Exploration (CLE), published by Scineer Publishing PTE. LTD, is an open-access journal. CLE is devoted to publish curriculum related articles in the form of original papers, review papers and case studies. It also provides a platform for scholars to exchange the latest information in the related fields and aim to promote the research on curriculum throughout the world. CLE welcomes all original manuscripts that do not be published in any other journals.Â

Â Â Â Â ISSN: 3029-1976(O)

Â Â Â Â Â Â Â Â Â 3029-1941(P)
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Evaluation of Educational Research

Evaluation of Educational Research (EER), published by Scineer Publishing PTE. LTD, is an open-access journal. EER is devoted to publish education related articles in the form of original papers, review papers and case studies. It also provides a platform for scholars to exchange the latest information in the related fields and aim to promote the research on education throughout the world. EER welcomes all original manuscripts that do not be published in any other journals.

Â Â Â Â ISSN: 3029-1992(O)

Â Â Â Â Â Â Â Â Â 3029-1925(P)
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World Education Forum

World Education Forum (WEF), published by Scineer Publishing PTE. LTD, is an open-access journal. WEF is devoted to publish education related articles in the form of original papers, review papers and case studies. It also provides a platform for scholars to exchange the latest information in the related fields and aim to promote the research on education throughout the world. WEF welcomes all original manuscripts that do not be published in any other journals.

Â Â Â Â ISSN: 3029-214X(O)

Â Â Â Â Â Â Â Â Â 3029-2131(P)

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New Explorations in Education and Teaching

New Explorations in Education and Teaching (NEET), published by Scineer Publishing PTE. LTD, is an open-access journal. NEET is devoted to publish education related articles in the form of original papers, review papers and case studies. It also provides a platform for scholars to exchange the latest information in the related fields and aim to promote the research on education throughout the world. NEET welcomes all original manuscripts that do not be published in any other journals.Â

Â Â Â Â ISSN: 3029-200X(O)

Â Â Â Â Â Â Â Â Â 3029-1917(P)

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Modern Economic Management Forum

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Modern Economic Management Forum (MEMF), published by Scineer Publishing PTE. LTD, is an open-access journal. MEMF is devoted to publish modern economic management related articles in the form of original papers, review papers and case studies. It also provides a platform for scholars to exchange the latest information in the related fields and aim to promote the research on economic management throughout the world. MEMF welcomes all original manuscripts that do not be published in any other journals.Â

Â Â Â Â ISSN: 3029-2182(O)

Â Â Â Â Â Â Â Â Â 3029-2174(P)

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Research and Commentary on Humanities and Arts

Research and Commentary on Humanities and ArtsÂ (RCHA), published by Scineer Publishing PTE. LTD, is an open-access journal. RCHA is devoted to publish humanities and arts related articles in the form of original papers, review papers and case studies. It also provides a platform for scholars to exchange the latest information in the related fields and aim to promote the research on humanities and arts throughout the world. RCHA welcomes all original manuscripts that do not be published in any other journals.Â

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Â Â Â Â Â Â ISSN: 3029-2050(O)

Â Â Â Â Â Â Â Â Â Â Â 3029-2042(P)

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Scineer Publishing is a publisher of open access journals. Covering various disciplines and promoting interdisciplinary development, Scineer Publishing adheres to a principle of respecting academics, and publishes insightful and rigorous academic research contents.

12 Eu Tong Sen Street, #07-168, Singapore 059819

E-mail: scineerpub@126.com

Copyright © 2023 Scineer Publishing Pte. Ltd.

Study on the Effectiveness of Non-Prosecution Clauses in Civil Contracts

Ye He

Abstract

This paper examines the validity of the non-prosecution clause in the contract. In judicial practice, for the contract of non-prosecution clause of the validity of the determination of the controversy, the local court decision results are not the same. There are also different views in the doctrine. The non-prosecution clause is usually to prevent future disputes and resolve disputes that have occurred in two
cases, essentially are the parties to the litigation rights of the waiver. China’s civil litigation law provides for the protection of litigation
rights of the parties, civil litigation should follow the principle of good faith, the parties have the right to dispose of their litigation rights,
but whether it can be waived is not clearly defined. Therefore, on the non-prosecution clause is free to agree on whether there is controversy. In the specific judicial decision, some courts on the validity of the determination only for the restriction of the right to sue within a
certain period of time, for the invalid determination of the right to sue for the public right, is a basic human right, shall not be excluded by
agreement.

Keywords

Non-prosecution clause; Waiver of right of action

Full Text:

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Included Database

References

[1] Article 8 of the Civil Procedure Law of the People's Republic of China: ‘Parties to civil litigation have equal procedural rights. In adjudicating civil cases, the people's courts shall safeguard and facilitate the exercise of the litigation rights of the parties, and treat the parties equally in the application of the law.’

[2] Article 13 of the Civil Procedure Law of the People's Republic of China: ‘Civil proceedings shall be conducted in accordance with the

principle of good faith. Parties have the right to dispose of their civil and litigation rights within the limits prescribed by law.’

[3] Article 126 of the Civil Procedure Law of the People's Republic of China: ‘The people's courts shall guarantee the right of the parties to

sue in accordance with the provisions of the law. A lawsuit that complies with article 122 of this Law must be accepted. If the conditions

for prosecution are met, a case shall be filed within seven days and the parties shall be notified; if the conditions for prosecution are not

met, a ruling shall be made within seven days that the case is not admissible; if the plaintiff is not satisfied with the ruling, he or she may

file an appeal.’

[4] Zhang Weiping. Revision of the Civil Procedure Law and the enhancement of procedural justice (below)[J]. China Justice, 2006,

(02):19-22.

[5] Xiang Qingmei. On the covenant not to sue--Taking the plaintiff's waiver of litigation rights in group disputes as an entry point[J]. Journal of Hunan Institute of Science and Technology, 2012, 33(10):144-147.

[6] Jiang Ping, ZHANG Hongli. Market economy and autonomy[J]. Research on Law, 1993.(6).

[7] Zhejiang Jinhua Intermediate People's Court, Yang Jingzeng, Shanxi Vehicle Transportation Group Changzhi Automobile Transportation

Co., Ltd., Second-instance Civil Ruling on Sale and Purchase Contract Dispute, [(2021) Zhejiang 07 Minzhi No.1969]

[8] The Case of Dispute over Construction Engineering Contract between Liupanshui Hengding Industry Co., Ltd. and Chongqing Qianniu

Construction Engineering Co., Ltd. [(2016) Supreme Law Civil Final No. 415]

[9] Intermediate People's Court of Harbin City, Heilongjiang Province, Civil Judgement of the Second Instance of the Contract Dispute between Wang Guangming and Zhang Yinghua, [(2018) Black 01 No.5369]

[10] Chuzhou Intermediate People's Court of Anhui Province, Liu Zelai and Liu Linfang Sale and Purchase Contract Dispute Appeal Case,

[(2018) Anhui 11 Minzhi No.148]

[11] Jiangsu Provincial Higher People's Court, Civil Ruling on Complaint and Application for Compensation Contract Dispute for House

Demolition and Resettlement between Wang Buqi and Yangzhong Jiangcheng Real Estate Development Company, Yangzhong Municipal Market Supervision Administration, etc., [(2019) Su Min Shen No. 7863]

[12] Supreme People's Court, Wang Wenming and Jia Hongliang Joint Venture and Cooperative Real Estate Development Contract Dispute

Reexamination Case, [(2019) Supreme Court Re No.327]

[13] Supreme People's Court, Civil Ruling on Reexamination and Trial Supervision of Contractual Dispute between Lushun Xingang Harbour Company, Beijing Zhongjintaida Electro-hydraulic Technology Co., Ltd., [(2019) Supreme Law Court No.5770]

[14] Jiangsu Suqian Intermediate People's Court, Jiangsu Times Construction Engineering Co. Ltd., Xue Feng and Xu Wenbing Contract

Dispute Civil Judgement of the Second Instance, [(2020) Su 13 Minzhong 3509]

[15] Zhang Yun. On the non-prosecution of consent[J]. Gansu institute of political science and law journal, 2004, (06):85-88.

[16] [Day] Kaneko I, Takeshita Morio. Civil procedure law [M]. Translated by Baek Lo-Hyun. Beijing: law press, 1995.3.

DOI: http://dx.doi.org/10.70711/frim.v3i4.6482

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Scineer Publishing is a publisher of open access journals. Covering various disciplines and promoting interdisciplinary development, Scineer Publishing adheres to a principle of respecting academics, and publishes insightful and rigorous academic research contents.

12 Eu Tong Sen Street, #07-168, Singapore 059819

E-mail: scineerpub@126.com

Copyright © 2023 Scineer Publishing Pte. Ltd.