诉讼管辖权下放性转移的省思——以诉权与审判权相互制约为视角

Ref lections on Decentralization of Civil Action Jurisdiction——From the Perspective of Mutual Restraint between Litigation Rights and Judicial Power

民事诉讼管辖权转移攸关当事人诉权与法院审判权的行使,其重要意义不言而喻。然而,现行制度设计既不符合现代民事诉讼理念,且未充分考量现实司法环境。《民事诉讼法》修改虽引入报批程序以规范法院自由裁量权的运作,却仍旧无法彻底解决该制度在司法实践中被扭曲和异化的困境。民事诉讼管辖权下放性转移制度的设计应当契合诉权与审判权相互制约的发展趋势,强化当事人诉权保障的同时,规范审判权的良性运作,以此建构既有价值理性又不乏实践理性的管辖权下放性转移制度。

The transfer of jurisdiction in civil litigation is related to the litigant＇s right of action and the exercise of the jurisdiction of the court. However, the current system design does not conform to the modern civil litigation idea, and has not fully considered the realistic judicial environment. Although the amendment of the civil procedure law is introduced into the procedure of approval to regulate the operation of the discretion of the court, it is still unable to completely solve the dilemma of the system being distorted and alienated in judicial practice. The design of the decentralization transfer system of jurisdiction should conform to the development trend of the mutual restriction between the right of appeal and the right of trial, strengthen the protection of the litigant＇s right of appeal and standardize the benign operation of the judicial power, so as to construct the system of decentralization of the jurisdiction with both value and practice.