诉讼合同是当事人间旨在对诉讼程序施加某种影响 ,以产生某种法律效果的合意。诉讼合同存在的理论基础是程序主体性原则和私权自治。诉讼合同成立的一般要件包括 :第一 ,诉讼合同的主体存在着双方或多方当事人 ;第二 ,当事人对合同主要条款达成合意 ;第三 ,当事人订立诉讼合同应当具有影响诉讼发展或产生某种法律效果的目的。诉讼合同生效的一般要件包括 :诉讼合同的行为人具有相应的能力 ;不违反法律的规定 ,不损害他人及社会利益。诉讼合同的效力不仅及于立约当事人 ,一部分诉讼合同对法院甚至第三人也发生效力 ,这就是诉讼合同效力的扩张性。 Litigation contracts are the intent of parties to exert some influence on the proceedings in order to produce some legal effect. The theoretical basis for the existence of litigation contracts is the principle of procedural subjectivity and the autonomy of private rights. The general elements of the establishment of a litigation contract include: first, there are two or more parties to the subject of the litigation contract; second, the parties agree on the main terms of the contract; and thirdly, the litigation contract concluded by the parties shall have the effect of influencing litigation development or generating some law The purpose of the effect. The general requirements for the entry into force of a litigation contract include: The litigant has the appropriate ability to act; does not violate the law and does not harm the interests of others and the society. The validity of the litigation contract not only affects the parties to the contract, but also part of the litigation contract also has effect on the court and even a third party. This is the expansionary effect of the litigation contract.