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我国现行民事诉讼法对报请指定管辖的案件归于两类:一是因管辖移送产生争议而报请上级法院指定管辖;二是具有管辖权的法院主动回避而请求上级法院指定管辖。但两种均存在移送错误或移送不当的问题,而现行民诉法对此缺乏相应的规定,出现了法院之间互相推诿管辖的现象。本文结合实证,对上述问题进行分析,并提出改进意见。
The current civil procedure law of our country belongs to two types of cases: the first one is submitted to the higher court for designation of jurisdiction because of dispute over the transfer of jurisdiction; the second is that the competent court has voluntarily avoided and requested the higher court to designate the jurisdiction. However, both of them have the problem of incorrect delivery or improper transfer. However, the current civil procedure law lacks the corresponding provisions in this respect, and there is a phenomenon that courts push each other’s jurisdiction. In this paper, combined with empirical analysis of the above problems, and put forward suggestions for improvement.