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民事审判管辖是民事纠纷系属于特定人民法院进行解决的首要条件之一,依据我国现行民事诉讼法,管辖权审查立足于立案程序,展开于起诉审查。但是,由于对管辖之属性存在误解,加之管辖与起诉制度本身存在缺陷,导致了管辖权审查司法实践矛盾丛生、程序虚无,应当对之进行改革与完善。其思路是:调整起诉制度、将管辖权之审查移至审判程序中进行、构建一个可以适用证据规则来约束当事人与法官的管辖权审查程序等。
Jurisdiction of civil trial is one of the most important conditions for civil dispute to be settled in a specific people’s court. According to the current civil procedure law of our country, Jurisdiction review bases on the procedure of filing a case and starts the prosecution review. However, due to the misunderstanding of jurisdictional attributes and the defects of jurisdictional and prosecutorial systems themselves, conflicts of jurisdictional jurisprudence have arisen and the procedure has become naught. Therefore, it is necessary to reform and improve it. The idea is: to adjust the system of prosecution, to move the review of jurisdiction to the trial procedure and to construct a jurisdictional review procedure that can apply the rules of evidence to bind the parties and the judge.