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诉讼契约是在诉讼中当事人之间达成的以直接或间接发生民事诉讼法上效果为目的的合意,其是私法精神在民事诉讼领域中的扩张,符合当事人意思自治原则,强化了当事人程序主体地位理念,同时能够促进诉讼中的对话机能,提高审判效率,防止诉讼拖延和减少诉累。部分当事人之间签订的诉讼契约,只要是双方意思表示,没有违反法律和社会公共利益,不损害国家、集体、第三人利益,即使部分当事人没有参与到该份诉讼契约中,法院也应认定其合法有效。
The litigation contract is the agreement reached between the parties in the litigation for the purpose of directly or indirectly effecting the civil procedural law. It is the expansion of the private law in the field of civil litigation, in line with the principle of party autonomy, and strengthens the subject status of the litigant Concept, at the same time, it can promote the dialogue function in lawsuit, improve the trial efficiency, prevent procrastination delay and reduce litigation burden. The litigation contract signed by some parties, as long as they are in the opinion of both parties, do not violate laws and social public interests and do not damage the interests of the state, the collective and the third party, even if some parties are not involved in the litigation contract, and the court should also determine It’s legal and valid.