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管辖权异议是我国民事诉讼法赋予当事人的一项诉讼权利。这一权利赋予了当事人更好地维护自己的合法权益;保障了人民法院各尽其职,及时解决当事人之间的纠纷。但目前法律对这一权利的规定还比较笼统,实践中存在管辖权异议主客体范围不明,法院处理程序行政化,管辖异议权滥用等问题。因此应当拓宽提起管辖权异议主客体的范围,对管辖权异议处理程序的重新建构,引入附带诉讼模式,并对当事人滥用管辖权异议进行规制。
Objection of jurisdiction is a procedural right conferred on the parties by the civil procedure law of our country. This right gives the parties better safeguard their own legitimate rights and interests; protects the people’s courts from doing their part and resolving disputes between the parties in a timely manner. However, the present law still lags far behind the provision of this right. In practice, there are problems such as the scope of the object of objection to jurisdiction, the administrative procedure of the courts and the abuse of the right of opposition. Therefore, it is necessary to broaden the scope of object and object of raising objection to jurisdiction, reconstruct the objection handling procedure of jurisdiction, introduce incidental litigation mode, and regulate the objection of the parties over abuse of jurisdiction.