民事诉讼级别管辖若干问题探析

级别管辖权限的确定原则上以争议标的额为标准,各地高级人民法院可根据省、自治区、直辖市的具体情况作出特别规定,并报送最高人民法院批准.作为对级别管辖补充和变量的管辖权转移,应取消管辖权向下转移,进一步完善将下级法院的管辖权转移给上级法院的规定.当事人在诉讼中增加或变更诉讼请求而加大诉讼标的额以规避级别管辖的,另一方当事人有权提出异议,案件应移送至有管辖权的上一级法院.

Thoughts on Level Jurisdiction in Civil Lawsuit

The decision about level jurisdiction is based on the amount of money at issue in terms of principles, each Superior People' Court can make particular regulations according to the concrete conditions of each province, autonomous region, municipality directly under the central Government and report it to the Supreme People's. Court for approval. As the supplement of level jurisdiction and the changing level jurisdictions shifting, we should cancel the shifting down of jurisdiction and further consummate the prevision that the jurisdiction of inferior court should be shifted up to the higher court. At the time when one party adds and modifies his claim by increasing the amount of money at issue to avoid the level jurisdiction, the other party has the right to challenge and the case should be transferred to higher court which has the jurisdiction.