完善跨域立案诉讼服务的诉讼法理考察

Investigation on the litigation jurisprudence of perfecting cross-domain filing litigation service

历经地方和国家层面的改革试点,跨域立案诉讼服务已于2021年正式实现四级法院全覆盖。在为当事人起诉带来就近便利的同时,跨域立案诉讼服务的落地也带来了对传统诉讼法理的冲击,因此有必要从理论层面对跨域立案诉讼服务涉及的若干问题作出有针对性的回应。应合理阐释协作法院分割受诉法院管辖权的表象,将协作法院对当事人身份的核实以及不接收各类涉嫌危害国家案件的起诉材料定位为确保使用服务的主体适格以及目的正当,排除协作法院对起诉要件与诉讼要件的审查,从而使管辖法院完整保有其享有的管辖权。考虑到协作法院在推送起诉材料时可能存在迟延,为避免原告的“前诉”因不可归责于其自身的原因变“后诉”而被作为重复起诉加以规制,应将其向协作法院提交起诉状之时视为向管辖法院提交起诉状之时,并赋予其被管辖法院优先立案的机会。同理,并基于诉讼时效制度确立的目的,也应将原告向协作法院提交起诉状之时明确为诉讼时效中断的时点。

After the pilot reform at the local and national levels,the cross-domain filing litigation service has officially achieved full coverage of four-level courts in 2021.While bringing convenience to the parties’bringing a lawsuit,the landing of cross-domain litigation service has also brought an impact on the traditional litigation jurisprudence.Therefore,it is necessary to make targeted responses to some problems involved in cross-domain litigation service from the theoretical level.We should reasonably explain the appearance of the collaborative court's division of the jurisdiction of the court of jurisdiction,position the collaborative court’s verification of the parties’identity and non-acceptance of all kinds of litigation materials in cases suspected of endangering the state as ensuring the subject qualification and proper purpose of the use of services and exclude the collaborative court’s examination of requirements of bringing a lawsuit and litigation requirements,so that the court of jurisdiction can fully retain its jurisdiction.Considering that there may be delay in pushing the litigation materials by the collaborative court,in order to prevent the plaintiff's“pre-litigation”from being regulated as a repeated prosecution due to reasons not attributable to itself,the time when he submits his complaint to the collaborative court should be regarded as the time when he submits his complaint to the court of jurisdiction,and should be given the priority to have its case be filed.In the same way,and based on the purpose of the establishment of the limitation of action system,the time when the plaintiff submits the complaint to the collaborative court should also be defined as the time when the limitation of action is interrupted.