诉讼上和解是民事诉讼中的一项重要制度。我国民事诉讼立法对诉讼上和解的规定过于原则,影响了和解制度在司法实践中作用的发挥。当前立法和司法实践中将诉讼上和解与撤诉、法院调解相混淆,这既在理论上造成了一定的混乱,也给当事人造成讼累,给人民法院增加了工作负担,使纠纷不能及时解决。因此,当事人在诉讼进行中的和解只要符合和解的四大要件,并经受诉法院及审判人员确认,就要赋予和解协议以确定判决的效力。 Settlement in litigation is an important system in civil litigation. China’s civil procedure legislation on the settlement of litigation is too presumptive principles, affecting the reconciliation system in judicial practice play a role. In the current legislative and judicial practice, reconciliation between litigation settlement and withdrawal and court mediation is confused. This not only causes some confusion in theory, but also creates litigation for litigants and increases the workload for people’s courts so that disputes can not be solved in time. Therefore, the parties in the litigation in the reconciliation as long as the four elements of reconciliation, and confirmed by the court and trial judge, it is necessary to give a settlement agreement to determine the effect of the verdict.