由于学界与实务界对管辖之属性存在一定误解,加之管辖与起诉制度本身存在缺陷,导致了管辖权审查司法实践矛盾丛生、程序虚无。因此,应当进行改革。其基本思路是:调整起诉制度,将管辖权之审查移至审判程序中进行,并严格适用证据规则来约束当事人与法官等。 Due to the misunderstanding of the jurisdictional nature of the academic and practical circles and the defects of the jurisdictional and prosecutorial system itself, the judicial practice of jurisdictional review has been contradictory and the procedure has nothingness. Therefore, reform should be carried out. The basic idea is: to adjust the system of prosecution, to move the review of jurisdiction to the trial process, and strictly apply the rules of evidence to bind the parties and judges.