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我国现行民事诉讼法对管辖权异议的规定过于抽象,司法解释亦不甚严密和周详,其直接后果是实践操作中适法的不一和混乱。同时,由于种种原因法学界对这一问题的研究还相当薄弱,系统、有分量的文章较为鲜见。因此,研究管辖权异议制度、完善相关立法已成为当前审判制度改革中亟待解决的问题。本文在前人研究的基础上,进一步的阐述了这一问题,以促进管辖权异议制度的发展。
The provisions of our country’s existing civil procedure law on jurisdiction objection are too abstract and the judicial interpretation is less rigorous and comprehensive. Its direct consequence is the misunderstanding and confusion in the practical operation. At the same time, due to various reasons, the study of this issue in the academic circle is still quite weak. Systemic and weighty articles are relatively rare. Therefore, studying the objection system of jurisdiction and perfecting the relevant legislation have become the urgent problems to be solved in the reform of the current trial system. Based on the previous studies, this article further elaborates this issue to promote the development of the system of jurisdiction objection.