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论遗产继承纠纷专属管辖的法律困境

On the Legal Dilemma of Exclusive Jurisdiction over Inheritance Disputes

  • 摘要: 遗产继承纠纷专属管辖在民事诉讼专属管辖制度中占据重要地位,该规范之适用自始至今看似无可争议,也因此在理论界鲜有学者对这一管辖进行全面探讨。随着时代发展,近几年在司法实践适用过程中开始出现不少分歧,有关遗产继承纠纷管辖异议案件数量逐渐增多。通过分析当前遗产继承纠纷适用专属管辖的法律困境,结合国内外立法经验,提出删除遗产继承纠纷专属管辖,将其纳入特殊地域管辖范围的观点,重构遗产继承纠纷管辖制度。

     

    Abstract: The exclusive jurisdiction of inheritance disputes occupies an important position in the exclusive jurisdiction system of civil litigation. The application of this standard seems indisputable from the beginning, so few scholars in the theoretical field conduct a comprehensive discussion on this jurisdiction. With the development of the times, in recent years, there are many differences in the application of judicial practice, and the number of disputes about inheritance jurisdiction is increasing gradually. Based on the analysis of the legal dilemma of the application of exclusive jurisdiction to inheritance disputes, combined with the legislative experience at home and abroad, this paper proposes to delete the exclusive jurisdiction of inheritance disputes and bring it into the scope of special regional jurisdiction, and reconstruct the jurisdiction system of inheritance disputes.

     

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