自地方保护主义渗入司法领域以来,管辖权之战便从未平息,在近年甚至呈现愈演愈烈之势。作为民事诉讼的肇始环节,管辖本是一项调整法院系统内部权限划分的分配制度,却俨然异化为当事人或法院争夺利益的首要突破口。以法院为例,由于现阶段独立审判的司法环境尚未形成,各种法外因素诱使其通过强争管辖权获取自身利益。直接表现是:“江苏山东两地争管辖权,法院判决结 Since the infiltration of local protectionism into the field of justice, the battle for jurisdiction has never subsided and even worsened in recent years. As a starting point of civil lawsuit, jurisdiction is a distribution system that regulates the division of authority within the court system. However, it seems to be alienated as the primary breakthrough for the interests of parties or courts. Take the court as an example. As the judicial environment of independent trial has not yet formed at this stage, all kinds of extralegal factors induce it to gain its own benefits through the struggle for jurisdiction. Direct performance is: ”Jiangsu and Shandong contend jurisdiction, the court verdict