民事诉讼专门管辖的效力研究

Research on the effectiveness of special jurisdiction under civil procedure systems

由于立法的缺陷和立法技术的不足,作为体现专门管辖"专门性和特殊性"保障的效力在立法上表现为模糊和缺失,在实践中亦与普通管辖特别是专属管辖产生竞合,造成管辖适用上的争议。专门管辖作为体现专门法院解决日益专业化和精细化的现代型民事纠纷的特殊管辖体系,应当和专属管辖一样,明确其制度适用效力,并构建起与专门管辖制度设置目的相一致的效力保障体系。

Due to the defects of legislation and inadequate of legislative technique, the effectiveness of special junsdiction, as reflecting its "particularity and speciality" in safeguarding, is vague and missing in legislation and caused competing with ordinary jurisdiction and exclusive jurisdiction in practice, finally led to controversy on jurisdiction application. Special jurisdiction, as a a special system for specialized courts to resolving the increasingly specialized and refined modern civil disputes, should clarify its system application legal validity, and build up its effectiveness security system consistent with its institutional purpose.