我国现行民事诉讼法对诉讼中和解的规定非常简陋。对诉讼中和解的性质没有一个准确的定位,导致了诉讼中和解在司法实践中应有的作用不能发挥。将我国诉讼中和解的性质界定为一项诉讼契约,是私法上的契约精神在民事诉讼领域的延伸,并以诉讼契约的理论来指导完善我国民事诉讼。 The current Civil Procedure Law of our country provides very simple rules on reconciliation in litigation. The nature of the settlement in litigation is not an accurate positioning, resulting in litigation in the judicial practice should not play its due role. To define the nature of the settlement in our litigation as a litigation contract is an extension of the contractual spirit of private law in the field of civil litigation and to guide the improvement of our civil litigation by the theory of litigation contract.