新民事诉讼法丰富了民事诉讼契约的内容,但我国民事诉讼契约制度的构建仍刚刚起步,研究民事诉讼契约制度的核心是要理清诉讼契约的效力。大陆法系将负担行为和处分行为的区分引入民事诉讼领域,将诉讼契约的效力分为负担效力和处分效力。对这两种效力的区分,应以法律有无明确规定为准。 The new civil procedure law enriches the contents of the civil lawsuit contract. However, the construction of the contractual system of civil lawsuit in our country is just still in its infancy. The core of studying the contractual system of civil lawsuit is to clarify the validity of the lawsuit contract. Civil law introduces the distinction between the burden of conduct and the act of disposition into the field of civil litigation and divides the effectiveness of the litigation contract into the effect of burden and the effect of punishment. The distinction between these two effects should be based on whether the law clearly stipulates.