诉讼系属反映了某个诉讼现正处于某个法院的审理过程中,是对诉讼自起诉时起至诉讼终了整个诉讼过程的高度概括。在传统民事诉讼理论中,特别是在大陆法系国家和地区的民事诉讼中,诉讼系属是一个耳熟能详的法律概念。立法上有关诉讼系属的规定比较具体,学界对其研究比较成熟,也有很强的实践性。我国由于长时间法制建设的中断以及立法中长期奉行“宜简不宜繁”的指导思想,因而在民事诉讼法中没有使用这一概念,理论上也少有人论及这一问题。本文通过对德国、日本和我国台湾地区关于诉讼系属相关规定的考察,借鉴其将诉讼系属与民事诉讼中其他重要理论相联系并指导实践的做法,从而引发对我国民事诉讼系属相关问题的关注和思考。一、诉与诉讼系属 The lawsuit system reflects the fact that a lawsuit is in the process of being heard by a certain court. It is a high-level summary of the entire lawsuit process from the time of prosecution to the end of the lawsuit. In the traditional civil litigation theory, especially in the civil law countries and regions in the civil law system, litigation system is a familiar legal concept. Legislation on the litigation system is more specific rules, the academic research on its more mature, but also very practical. In our country, due to the interruption of legal construction for a long time and the long-term implementation of the guiding ideology of “should be simplified and not complicated” in legislation, the concept of civil procedure law is not used, and in theory, few people deal with this issue. This article examines the related regulations of litigation in Germany, Japan and Taiwan of our country, draws lessons from it and links with other important theories in civil litigation and guides the practice, which leads to the related problems to the civil litigation in our country Concerns and thinking. First, the lawsuit and litigation