民事诉讼管辖基本问题研究

在理论和立法两个层面有必要整合现行过于复杂、易于引起冲突的民事诉讼管辖制度.以改变目前管辖制度缺乏普适性、过于依赖行政化手段操作的缺陷.在级别管辖方面建议以全国统一诉讼标的额为确定标准,对特殊类型的案件以其性质为确定管辖标准,并充实解决管辖权争议过程中的程序保障.

On the Basic Problems of Civil Jurisdiction

The current system of jurisdiction in our civil procedure law is too complicated and easy to cause conflicts. It lacks universality and the resolving of challenges to jurisdiction overly depends on administrative methods. So the essay suggests reforming the system of jurisdiction in order to deal with the defects in theory and practical legislation. For example, the uniform sum of litigated object should be set as the countrywide standard to decide grade jurisdiction while the nature of the litigation should be established as the standard to decide the jurisdiction in some special cases. The systems of jurisdiction on agreement and district jurisdiction should be rectified and integrated. Measures of procedural garantees in the procedure of solving challenges to jurisdiction has to be enriched and so on.