论诉讼契约的合法性

On the Validity of Litigation Contract

在民事诉讼场域中存在大量的诉讼契约,对于一些并未为立法或司法解释明文规定的诉讼契约的合法性问题,理论界曾一度对此持否定性态度。而事实上,这些诉讼契约依然有其存在的合法性基础。当然也并非所有的诉讼契约都具有合法性,诉讼契约只有在满足一定的标准时方具有合法性。

There are large quantities of litigation contracts in the field of civil action. In a certain period of time, authorities in the theoretical circles held a negative attitude toward the validity of the litigation contracts which were not proclaimed by legislation or judicial interpretation. In fact, the litigation contracts have its basis for their existence. But not all of the litigation contracts are valid, it is valid only when complies with certain standards.