民诉法涉外编应诉管辖条款的解释与修订
Interpretation and Revision of Jurisdictional Provisions in the Foreign-Related Part of the Civil Procedure Law

最新修订的民事诉讼法在涉外编中增加了应诉管辖条款，但该条款在文义和体系解释上与国内部分原有的应诉管辖条款有龃龉，不仅不能回应实践中现存的疑惑，还有可能引起新的问题，为了解决这一问题，本文梳理了我国民诉法中应诉管辖条款的变迁及其背后的原理，在此基础上结合实践中的难题探讨了涉外编应诉管辖条款的性质，并针对该条款的进一步修改或解释提出建议。
The newly revised Civil Procedure Law has added the provision of jurisdiction over lawsuits in the foreign-related part, but this provision is in disagreement with some of the original provisions of jurisdiction over lawsuits in China in terms of textual meaning and systematic interpretation, which not only fails to respond to the existing doubts in practice, but also may give rise to new problems. In order to solve the problem, this paper combs through the changes and the rationale behind the provisions of the jurisdiction over lawsuits in the Civil Procedure Law of China. On the basis of this, it discusses the nature of the provisions on respondent jurisdiction in the foreign-related codification in the light of the difficulties in practice, and puts forward suggestions for the further modification or interpretation of the provisions.