诉权保护及防止诉权滥用,是诉权理论研究中比较成熟的课题。然而,从总体上看,相关研究大多仅针对权利主张方即原告的诉讼权利,而对于两造的另一方即被告的诉讼权利少有涉猎,对于被告的答辩权利特别是管辖权异议的研究甚少。在司法实践中,滥用管辖权异议日渐猖獗,面对其肆虐和危害,我国现有的法律对策却苍白无力,借以制裁滥用管辖权异议者并保护受害者的合法权益 The protection of the right of action and the abuse of the right to sue are the more mature topics in the theoretical research of the right of appeal. Generally speaking, however, most of the researches mainly focus on the plaintiff’s rights of litigation, but little on the litigation rights of the other two, that is, the defendants’ rights of defense, especially the research on the objection of jurisdiction less. In judicial practice, the opposition to abuse of jurisdiction is becoming increasingly rampant. In the face of its rampant and harmful effects, the existing legal measures in our country are pale and weak in order to sanction the abuse of jurisdictional dissidents and protect the legitimate rights and interests of victims