契约是私法上的一个概念,大陆法系将契约看作是一种合意,英美法系将契约看作是当事人之间的允诺。民事诉讼法一般被认为属于公法领域。作为私法领域内的契约与作为公法性质的民事诉讼法之间似乎难于发生契合和关联。但是,民事诉讼程序的本质在于诉讼主体之间的交涉和合意,它为当事人解决纠纷提供了秩序平台,促使当事人采取收敛而非恣意的行为、协作而非对抗的态 Contract is a concept of private law. Civil law treats the contract as a kind of concurrence. Anglo-American law treats the contract as a promise between the parties. Civil Procedure Law is generally considered to belong to the field of public law. It seems difficult to fit and link between the contract in the private law field and the civil procedure law as the nature of public law. However, the essence of civil procedure lies in the negotiation and conciliation between the litigants. It provides the order platform for the parties to settle the disputes, impels the parties to adopt the behavior of convergence instead of arbitrary behavior, cooperation rather than confrontation