诉权保障与民事诉讼管辖制度关系论

Study on the Relationship between the Protection of the Right of Action and Jurisdiction

从权利的角度考察诉权与管辖制度的内在联系,可以看出由于我国管辖制度与诉权割裂,从而极易侵害当事人的诉权。而将当事人于管辖制度享有的权利归属于诉权,以此将诉权保障与管辖制度的建构有机衔接起来,以诉权论指导管辖制度的建构,这对于加强当事人的诉权保障与完善民事诉讼管辖制度甚至于法院体制的完善具有重大价值。

The research on the practice of the right of action is very weak, and few have studied on how to protect the right of action through the jurisdiction. In China the study has divided jurisdiction and right of action, and the infringed the party＇s right of action. The rights that the party has in the jurisdiction are part of the right of action, and the link - up between the right of action and the jurisdiction has great significance to the guarantee of the right of action and the perfection of the jurisdiction.