撤诉合意,是民事诉讼契约的一种,是当事人处分原则的重要体现和程序主体性原则的内在要求,有其存在的正当性合法基础。撤诉合意是一种私法行为,其虽不能直接产生诉讼法上的效果,但仍具有一定的私法上的效力。契约双方应当诚实履行撤诉合意,对违反撤诉合意的行为应进行必要的救济。 Withdrawing the agreement is a kind of contract of civil litigation, which is an important requirement of the disposition principle of the parties and the intrinsic requirement of the principle of procedural subjectivity, and has its legitimate basis of legitimacy. Despatch desirability is a private act, although it can not directly produce the effect of procedural law, but still has some private law on the effectiveness. Both parties to the contract should faithfully fulfill the intention of withdrawal and shall make the necessary relief to the violation of the agreement on the withdrawal of the suit.