当前,诉讼契约理念日益进入民事诉讼理论中,其中对诉讼契约法律性质的讨论直接关系到诉讼契约的法律适用问题,从而决定着民事诉讼理论与实践的发展,因此具有重要意义.本文通过对诉讼契约的概念加以界定,然后将私法行为和诉讼行为的内涵加以廓清,继而通过分类比较揭示诉讼契约的法律性质。 At present, the concept of contract of litigation has increasingly entered the theory of civil litigation, of which the discussion of the legal nature of litigation contract is directly related to the law applicable to litigation contract, which determines the development of theory and practice of civil litigation.Therefore, The concept of contract is defined. Then the connotation of private law and litigation behavior is clarified, and then the legal nature of litigation contract is revealed through classification comparison.