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诉讼契约的效力问题不仅涉及诉讼契约的成立要件、诉讼契约的生效要件,而且涉及诉讼契约效力的认定规则。具体而言,诉讼契约的成立要件包括主、客观要件,主、客体要件;诉讼契约的生效要件包括形式要件、实体要件与效果要件;诉讼契约效力的认定规则包括诚实信用原则、利益衡量机制以及公序良俗原则和公正原则。在此基础上,诉讼契约的效力透视还需要根据不同诉讼阶段、诉讼事项的差异性“分段、分项”予以细化阐释。
The validity of the litigation contract not only involves the elements of the establishment of the litigation contract, the entry into force of the litigation contract, but also the rules of cognizance of the validity of the litigation contract. Specifically, the elements of the formation of the litigation contract include the main and objective elements, the main elements and the objective elements. The effective elements of the litigation contract include formal requirements, substantive elements and effect elements. The rules for determining the validity of the litigation contract include the principle of honesty and credit, the mechanism of interest measurement, Public Order, Good Practices and Just Principles. On this basis, the validity of the litigation contract needs to be further elaborated according to different stages of litigation and differences in litigation matters.