摘要： 诉讼契约需具备一定的要件方可生效。生效之诉讼契约对于当事人和法院都具有一定的约束力。法定诉讼契约对于诉讼程序产生直接效力，而非法定诉讼契约仅有间接效力，尚需义务人实施后续诉讼行为方可对诉讼程序产生一定的效力。基于当事人诉讼上之抗辩，对于诉讼性质诉讼契约之违反，法院依照双方约定的有关程序继续进行或者对双方约定的诉讼行为直接予以认可；对于私法性质诉讼契约之违反，法院在审查双方关于实体部分的合意是否合理履行基础上判定该违反行为是否有效。

关键词: 诉讼契约, 处分效, 义务效, 违约救济

Abstract: It requires certain elements about the conclusion and taking effect of litigation contract. The efficient litiga-tion contract has definite sanction to the litigants and court. Legal litigation contract brings direct effect to theproceeding, however, the litigation contract which is not prescribed by the law only has the indirect effect and itengenders some effect to proceeding only when the obligor actualizes the following litigation behavior. Based onthe parties' defence in the proceedings, the breach of litigation contract which has lawsuit character, the courtcontinues the process in accordance with the procedure the two sides agreed or directly recognize the both sides'promissory litigation conduct; as to the breach of litigation contract which has private nature, the court decidesthe offending conduct' effectiveness on the basis of whether the parties perform their entity accept ability in rea-son.

Key words: Litigation Contract, Punish Effect, Obligation Effect, Default Relief Zhang Jiajun, Ph.D., Associate Professor of Zhengzhou University Law School.