The Predicaments And Countermeasures For Chinese Administrative Litigation Jurisdiction System

Since the "Administrative procedural law" carried out, it has played an important role to protect citizens’ legitimate rights and interests, to urge the administrative organ in accordance with the law, it also made a significant contribution. However, the questions which about the interference by local administrative trial has been plagued by people since the law implementation,. Jurisdiction is a fundamental problem in administrative litigation and an important link. However, the current administrative litigation jurisdiction system designs are not fully consider the particularity of the administrative litigation, it also not create a good conditions in order to ensure the independent administrative trial, on the contrary, The current jurisdiction system creates a convenient for local intervention of administrative judgment. As a result, solving the dilemma of administrative litigation jurisdiction is an important approach to crack the plight of the administrative litigation. Establish the administrative litigation jurisdiction system which suitable for the situation of our country, it has important significance to the scientific and legalization of administrative way for promoting the administrative organ, at the same time, it also good for promoting construct the country under the legal country, the legal government and the legal society.Now, the research about the system of administrative litigation jurisdiction made a good progress. The basic idea of jurisdiction, the defects and causes of jurisdiction system made a lot of consensus and put forward many Suggestions to improving the system of jurisdiction, such as promotions jurisdiction, different jurisdiction, the jurisdiction of the concentrated, etc. However, there is no consensus and still have to study. Although these measures can reduce the intervention of local administrative trial on some extend, but could not solve the problem fundamentally. The paper starting from the problems that existing in the system of administrative litigation jurisdiction, to identifying specific issues, to exploring the cause of the problem, to seeking the solution. This article main body part is divided into three parts.The first part, the interpretation of administrative litigation jurisdiction under the current law and judicial interpretation specific provisions, combined with the actual and analysis practical problems existing in the society. From the point of level of jurisdiction, the jurisdiction of the administrative litigation exist the problem that the jurisdiction of the court level is too low, some regulations are too general issues; From the point of territorial jurisdiction, mainly from the concept and provisions of the civil litigation jurisdiction, and it formed "the plaintiff is the defendant" problem; From the point of the jurisdiction of the ruling, mainly about the designation of jurisdiction and the jurisdiction of the long distance without specific applicable conditions, it difficult to grasp reasonable. in addition, the intermediate court jurisdiction to move, causing the conflict between the fact and the system whereby the second instance is final in our country. These series of problems which leads to the judicial localization is serious, the administrative trial local judicial intervention is outstanding, and has created awkward about "the county court judge not county".The second part analyze the reason of exist problems with current system of administrative litigation jurisdiction. Everything is the result of internal cause and external cause. Jurisdiction system exist questions also the result of the various factors. From the system of jurisdiction itself, the first reason is the principle of established jurisdiction contradiction between itself, the second is from the idea about jurisdiction of the civil lawsuit, and not considering the particularity of the administrative litigation. From the point of system view, mainly reason is the current court system exist problems, one is the court judicial districts highly coincidence with administrative division, and local government court ruling over human, financial and other rights, it lead to judicial localization, the court exists some degree of security administration tendency of internal mechanism. From the point of cultural tradition, the power of administration has always been superior to the judicial power; it profoundly affects people’s way of thinking.The third part is about the measures that solve the problem of the jurisdiction administrative litigation. To solve the problems that existing in the administrative litigation, we should start from the cause of its existence. Under the current system mechanism, we can reduce judicial localization through the use of promotions of jurisdiction, focus on the use of jurisdiction and the jurisdiction of the long distance. The specific way is to improve the level of jurisdiction court about part cases, the jurisdiction of the grassroots courts shall have jurisdiction as courts of first instance over administrative cases concentrated, senior court shall have jurisdiction as courts of first instance administrative cases under the jurisdiction of the long distance. To solve the problem from the source of jurisdiction by changing the current management system. Mainly by unified manage human, financial and objects, setting up special administrative court, perfecting the assessment mechanism for judge selection.Solving the problems existing in the system of administrative litigation jurisdiction should steadily carry forward from two aspects, we cannot be rushed. Adhere to the basic guidelines of severely and the source control. Now, we should insist on the promoted jurisdiction, concentrated jurisdiction, and the combination of different jurisdiction, improves the judicial environment. Steady progress the unity of human, financial and objects management and independence from local finance, set up special administrative court at appropriate time, solve the problem of judicial interference by local administrative power completely.