民事诉讼管辖权异议制度的主体思考

我国民事诉讼法对管辖权异议的主体范围没有很明确的规定。在理论界通说认为只有被告享有异议权，然而这种说法并不科学。实际上原告、被告、必要共同诉讼人、诉讼代表人以及无独立请求权第三人都应当被法律赋予管辖异议权，以确保其他相关诉讼当事人也都享有管辖异议权。

Thoughts on the Subject of Objection System of Jurisdiction in Civil Litigation

There is no explicit regulation on the subject scope of jurisdiction objection in our country＇s Civil Procedural Law. In the theoretical field, only the defendants are generally believed to have the objection right, which is not scientific. Actually, plaintiff, defendant, parties necessary in co-litigation, litigation representatives, as well as the third person without independent claim right should all be endowed with the jurisdiction objection right, so as to ensure that the other parties in litigation also have the rights of jurisdiction objection.