民事诉讼法第38条对管辖异议作出了具体规定,但是无论在理论上或者实践中人们对管辖异议的主体和客体的认识和做法都还不尽一致,为此有心要进一步从理论上加以探讨。 一、管辖异议的主体 管辖异议的主体是指有权提出管辖异议的人,也就是说在民事诉讼中谁有权对受诉人民法院提出不服管辖的意见和主张。有的学者认为所有的诉讼主体包 Article 38 of the Code of Civil Procedure provides specific provisions on jurisdictional objections. However, there is still no consensus on the subject and object of jurisdiction over objections in theory or in practice, so it is necessary to further probe into the theory from the theoretical point of view . First, the subject of jurisdiction objection The subject of jurisdiction objection refers to the people who have the right to propose jurisdiction objections, that is to say in civil proceedings who have the right to appeal to the people’s court to submit their views and opinions. Some scholars think that all the litigation package