论民事诉讼中的应诉管辖

On Prorogation by Submission in Civil Lawsuits

应诉管辖是民事诉讼中管辖制度的重要组成部分,其在法理基础、功能定位、适用范围、受案法院范围等方面与协议管辖存在本质区别,是一类独立的管辖制度。在现行《民事诉讼法》的框架下,我国应坚持应诉管辖立法的"双轨制",并在此基础上完善涉外民事诉讼程序中关于应诉管辖的规定。

Prorogation by submission is an important part of jurisdiction in civil lawsuits. It＇s not subject to jurisdiction as a result of their substantive difference in the foundation of jurisprudence, the function, the range of court, the applicable scope, etc. Under the framework of the Civil Procedure Law of the People＇s Republic of China, we should adhere to the double-deck system of legislation, and revise the current regulations on prorogation by submission.