Abuse and Regulation of the Jurisdiction Objection System in Civil Litigation
民事诉讼中管辖异议制度的滥用及规制

摘要

民事诉讼管辖异议制度对保障当事人诉讼权利、促进案件程序公正和实体正义具有积极作用。近年来，管辖异议案件数量居高不下，异议事由愈发混乱，管辖异议制度已经偏离初衷，被严重滥用。管辖异议制度被滥用的法理基础在于公平与效率的权衡、诉权与审判权的争夺以及程序制裁的缺失。因此，在管辖异议案件中，应当提高启动异议程序的门槛，完善审判程序，建立处罚机制，规范管辖异议滥用，促进程序正义，确保案件实体正义。

Abstract

The system of jurisdictional objection in civil litigation plays a positive role in protecting the litigation rights of the parties and promoting the fairness of case procedures and substantive justice. In recent years, the number of jurisdictional objection cases has remained high, with objection reasons becoming even more chaotic. The jurisdictional objection system has deviated from its original design and has been seriously abused. The jurisprudential basis for the abuse of the system of jurisdictional objections lies in the balance of fairness and efficiency, the right to sue, the right to a trial, and the absence of procedural sanctions. Therefore, in cases of jurisdictional objections, the threshold for initiating the objection procedure should be heightened, the trial procedure should be enhanced, and a mechanism for imposing penalties should be established. These measures aim to regulate the misuse of jurisdictional objections, promote procedural justice, and ensure substantive justice in the case.